The news of losing someone close is you is heartbreaking and many people usually hope that they never have to face such cases. But, what do you do when this happens to one of your family members or spouse? What do you do if the sudden death of the one you love is a result of someone’s negligence or recklessness? Your first step should be to contact a Rancho Mirage wrongful death lawyer
At the Crockett Law Group, our Rancho Mirage attorneys are aware of the burden that comes with such a loss and we are ready to help you take legal action against the accused In Rancho Mirage, California, the law allows you to file a wrongful death lawsuit against the accused. Contact the Crockett Law Group today to schedule a Free Consultation.
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How Is Wrongful Death Defined In The State Of California?
Even though your legal representative can use gathered evidence to prove that the defendant is liable, a wrongful death lawsuit can only be filled if the diseased lost his or her life as a result of one of the following acts.
- Criminal acts and intentional homicide.
- Use of defective products including drugs, medical devices, electronics, and even vehicles.
- Abuse and neglect of duties at nursing homes lead to patient health complications.
- Medical malpractice such as surgical errors, wrong prescriptions, and medical injuries.
- DUI accidents
- Consuming poison from contaminated drinks and foods.
Who Is Qualified To File A Wrongful Death Claim In California?
According to California State laws, not everyone is given the privilege of filing a wrongful death lawsuit. After someone has died, only the following parties have legal grounds to file a wrongful death claim.
- Listed beneficiaries.
- Dependent parents.
- Legally adopted and biological children.
Moreover, a personal representative of the deceased can also file a wrongful death claim if the individual was legally appointed by the deceased and legally recognized. With the help of the Crockett Law Group, we can review your case for free and make sure that the deceased interests and last wishes and fulfilled.
What Types Of Damages Are Recoverable?
The type of damages recovered in a wrongful death lawsuit depends on various factors such as the beneficiary’s associated with the deceased, rights, and interests. According to California State laws, the following rules should also be aligned when pursuing a wrongful death claim.
Children of the deceased are entitled to recover damages such as companionship, loss of parent, pain, emotional anguish, and parental influence such as guidance, and provision.
A surviving spouse can be compensated for any financial loss that the family may have incurred as a result of the spouse passes away. Therefore, the surviving spouse of the deceased personal estate can be compensated for lost wages, funeral expensed, and the deceased recent medical expenses.
Can Surviving Family Members File For Punitive Damages?
Surviving family members can file for punitive damages if the court agrees that the deceased could not have lost his or her life if it was not for the defendant’s recklessness or negligence. However, for the court or jury to award punitive damages, you have sufficient evidence to prove your case. If punitive damages are awarded as the final judgment, the accused can be sentenced to serve jail time or be ordered to pay a huge penalty by the State.
How Is Negligence Proved In A Wrongful Death Case?
To prove negligence in a wrongful death case, you will need the help of an experienced wrongful death lawyer. That is because only an experienced Rancho Mirage wrongful death lawyer can use substantive evidence to support your claim. With the help of Crockett Law Group, we can help you build a strong case, be your legal representative in court and prove negligence based on the following facts.
- Duty Of Care – The accused owed the deceased duty of care.
- Breached Of Duty Of Care – The defendant’s actions breached the duty of care leading to an accident. We will use the evidence gathered to prove to the court that the deceased could not have lost his or her life if the defendant had not breached the duty of care.
- Causation – The death of the deceased was a result of the accused actions.
How Do You Start A Wrongful Death Claim In Rancho Mirage, California?
To start a wrongful death claim, the surviving family members first of all file a wrongful death lawsuit with the help of a reliable legal representative. That is why we advise you to contact the Crockett Law Group to help you with your case from the start.
Besides, filing a wrongful death lawsuit, the surviving family members must prove to the court that the deceased lost his or her life as a result of the accused malicious act. We will do the hard work for you which is to file your wrongful death lawsuit and use the evidence gathered to prove your claim.
What Is The Difference Between A Wrongful Death Claim And An Estate Claim?
Both wrongful death claim and an estate claim usually arise as a result of the same case or even. However, you need to acknowledge the fact that a wrongful death claim is filed by a deceased family member such as a spouse.
Furthermore, wrongful death claim usually focuses on recovering both economic and non-economic damages such as lost income and loss of consortium. However, when it comes to an estate claim, those who have a legal ground to file such as a claim are the deceased personal estate. The decedent’s estate files an estate claim with the help of a wrongful death lawyer to recover certain damages such as burial costs and funeral expenses.
Find A Reliable And Experienced Wrongful Death Lawyer In Rancho, Mirage, California At Crockett Law Group
Have you lost someone close to you as a result of someone else negligence or recklessness? If yes, then you need to know that you have the right to take legal action against the accused. There is nothing you can do to bring your loved one back, but you can make sure that such a malicious act is not repeated in the future. Contact a Rancho Mirage wrongful death lawyer at the Crockett Law Group and we will help you build a strong case.