The sudden death of a loved one leaves the family struggling financially and emotionally. Things are more onerous if the departed is the family’s primary provider. The bereaved are robbed of love, comfort, support, and care the person provided. Such things are essential, and they are hard to substitute.
Similarly, the void the untimely demise creates is hard to fill. The money awarded to the bereaved cannot fully compensate for their loss, pain, and suffering. At Crockett Law, we understand the weightiness of such a fact; thus, we always are committed to offering clients that need the best Morongo Valley wrongful death lawyer in California.
Call our experienced personal injury lawyers in Morongo Valley at (800) 900-9393 to schedule a free case evaluation and know the steps you should take when pursuing a wrongful death lawsuit.
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How Is Wrongful Death Defined In The State Of California?
Determining if a death amount to a wrongful death requires your Morongo Valley wrongful death lawyer to consider different circumstances surrounding what transpired to help prove that the accused actions were reckless, negligent, or indifferent and led to your loved one’s untimely demise. Under California State laws, you could have legal grounds to file a wrongful death lawsuit if the death is attributed to any of the following incidents:- Intentional homicide and other criminal acts
- Defective products such as medical devices, drugs, appliances, vehicles, and electronics
- Neglect and abuse in nursing homes
- Medical malpractice like misdiagnosis, surgical errors, medical injury, and wrong prescriptions
- Pedestrian accident deaths
- DUI accidents
- Poisoning from contaminated foods and drinks
Who Qualifies To File A Wrongful Death Claim In California?
Not everyone that wishes to file a wrongful death lawsuit qualifies to pursue such legal action. California state laws stipulate that the following are eligible to file a wrongful death claim:- Spouses
- Dependent Parents
- Biological and legally adopted children
- Listed beneficiaries (inheritors)
- Biological or legally adopted relatives (might qualify in some situations)
What Types Of Damages Are Recoverable?
The beneficiary’s association with the departed person is a factor that is considered when determining if they are entitled to specific damages in a wrongful death act. California State laws outline the following rules, which your attorney shall consider when fighting for your rights and interests in the lawsuit:Surviving Spouse
They can be compensated for medical expenses, lost protection and companionship, lost support and primary services, lost wages, and emotional anguish attributed to their loved one’s unexpected demise.Children
The decedent’s children are legally entitled to damages like the pain of losing a parent and subsequent lost parental influence in things like provisions, guidance, and companionship.Parents of a Minor Departed
A surviving parent could qualify to receive damages for the emotional suffering associated with a child’s or co-parent’s wrongful death.The Departed’s Estate
The legally recognized beneficiaries can seek to recover their departed’s lost wages, which can be calculated from the incident’s date to their precocious death.Can The Surviving Family File For Punitive Damages?
Filing for punitive damages for you and your family must include verifying the associated losses with the survival actions. The Morongo Valley wrongful death lawyer handling your case will strive to show the judge or jury that the accused acted recklessly, negligently, or maliciously endangering others. As such, their actions are directly linked to your loved one’s unexpected death. The punitive damages will primarily be geared towards convincing the court to pass down a stiffer judgment as additional punishment, including jail time.How Is Negligence Proved In A Wrongful Death Case?
Proving negligence in the case will require your wrongful death attorney to gather substantive evidence supporting your claim. Your Morongo Valley car accident lawyer will focus on the following facts when building up your case, which are the issues that will be present before the judge or jury:- Duty Of Care: Prove to the court the accused owed the departed a duty of care
- Breached Duty Of Care: The accused failed to uphold their duty of care, evidenced by their negligent, reckless, or indifferent actions that led to your loved one’s death.
- Causation: The decedent’s untimely demise is directly associated with the accused’s breach of duty of care and not any other reason or cause.
How Do You Start A Wrongful Death Claim In California?
Being unfamiliar with the legal requirements of filing a lawsuit makes it a challenging thing to handle alone. The chances of you and your family getting the maximum compensation for your loved one’s wrongful death and those responsible punished is pegged on working with an experienced, reputable, and committed attorney. At Crockett Law, we have law professionals that will fight for your rights and interests while representing you, your family, and your departed loved one. Our legal team will investigate the matter, gathering evidence to put together a solid case.What Is The Difference Between A Wrongful Death Claim And An Estate Claim?
It is not uncommon for wrongful death cases, and estate claims to have a codependent standing. As such, we can pursue your wrongful death lawsuit independently or as part of an estate claim case, having considering the overriding circumstances. For instance, the estate claim can be in pursuit of damages your deceased family member incurred, such as treatment costs, medications, therapy, and funeral/burial expenses. On the other hand, the wrongful death claim can focus on recovering lost income, loss of consortium, and lost intangible benefits like lost parental love, responsibilities, etc.
