If your loved one died suddenly in an accident caused by another’s negligence, you may be unsure of how to hold that person accountable. While civil recovery cannot replace the loved one you lost, it could significantly lessen the financial burden that this kind of tragedy can have not only on you, but on your entire family.
If your family member would have had grounds to file a personal injury lawsuit had they survived their accident, you likely have grounds to pursue a wrongful death lawsuit on their behalf with help from a reliable attorney. Once retained, a compassionate Miracle Mile wrongful death lawyer could explain your legal options to you, help you decide on what next steps to take, and ensure you pursue the compensation you need as efficiently and effectively as possible.
Wrongful death claims are a type of civil litigation, meaning these cases often revolve around legal negligence the same way that other personal injury claims do. More specifically, successful recovery generally hinges on the plaintiff(s) being able to prove that the reckless or careless conduct of the defendant(s) in their claim directly caused the death of their loved one, which in turn directly led to the damages for which they are seeking restitution.
However, under California Code of Civil Procedure §337.60, only certain family members have the legal right to pursue a wrongful death claim. The right to file suit first belongs to the decedent’s spouse, domestic partner, and/or children, but if none of those parties are available, any person entitled to the decedent’s property under intestate succession laws would have the right to file a untimely death claim.
Additionally, the decedent’s putative spouse, the children of the decedent’s putative spouse, the decedent’s parents, and the decedent’s stepchildren have the right to file such a claim if they can prove financial dependence on the decedent prior to their death. A Miracle Mile attorney could discuss eligibility and valid grounds to file a wrongful death claim in further detail during a private consultation.
Like any other personal injury claim, the exact value of a wrongful passing case will vary significantly based on the life of the decedent, the circumstances surrounding their death, and the specific losses sustained by both surviving family members and the decedent’s estate. To that end, a successful wrongful death case typically involves recovery for different damages on behalf of the interested parties.
A wrongful death lawyer in Miracle Mile could help surviving family members seek restitution for both economic and non-economic losses stemming from their loved one’s death, including loss of future financial support, loss of future emotional support and companionship, and loss of assistance with household services. Conversely, damages that may be recoverable on behalf of the decedent’s estate include medical expenses for care provided prior to the decedent’s death, funeral and burial costs, and loss of future income.
Personal injury litigation can be complex and contentious under any circumstances, but filing suit following a loved one’s death is a uniquely challenging endeavor. Just as no one should have to deal with the emotional impact of a loved one’s death alone, you should not take on the burden of civil litigation over this kind of incident without guidance and support from a legal professional.
A qualified Miracle Mile wrongful death lawyer could provide the help you need to achieve a positive case resolution on your family’s behalf. Call to schedule a confidential consultation whenever you are ready to do so.
Benji Personal Injury – Accident Attorneys, A.P.C.