According to California law, a wrongful death lawsuit is allowed if a person or entity has been negligent, or acted intentionally and / or recklessly and that behavior led to a person’s death. Unlike the typical personal injury claim that is brought only by the injured party (or their legal guardian), a wrongful death case is brought by the survivors of the person who was fatally injured.
If that describes you – if you are the survivor of a person who was killed due to someone acting negligently or recklessly – then you should contact The Law Offices of Larry H. Parker at 800-333-0000 to learn more about your options to file a wrongful death case. In the meantime, read on to learn more about how can file these cases and how they are filed.
Not everyone can file a wrongful death lawsuit
In California, only people with a specific relationship with the deceased can file a wrongful death case. The survivors such as a spouse or domestic partner and the children of the deceased. A parent, grandchild, step child, and others can file a wrongful death case only if they were financially dependent on the deceased.
There are a number of potential damages you can sue for
California law allows you to sue for loss of care, comfort, and support. You can also sue for economic damages such as funeral expenses, the cost of medical care related to the accident, lost wages, damage to person property, loss of benefits, loss of household contributions, and other damages. A person can also sue for damages related to the loss of the counsel, services, gifts, mentoring, and other factors form the deceased.
Not all deaths are wrongful deaths
There is no such thing as a “rightful death” but this does not meant that all deaths are legally wrongful deaths. The law uses this term to refer to accidents that could have been prevented. In some cases, the at-fault party acted negligently and caused an accident. In other instances, they may have acted recklessly. To successful sue for wrongful death, it must be proven that there was an at-fault party and that they had a duty of care to the party who died.
Do you have grounds for a wrongful death case?
Have you lost a loved one in a tragic accident? Do you want to learn more about your legal options? You can get information on this and much more by contacting The Law Offices of Larry H. Parker at 800-333-0000. We will begin with a legal consultation during which you can give us the basic background of the case. We can then advise you on the likelihood of winning your case and what you should expect.
No matter how it may seem, you are not in this alone. You have access to an attorney who cares and who wants to help you recover the damages you are owed. Call us now to get started.