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.- Spouse
- Listed beneficiaries.
- Dependent parents.
- Legally adopted and biological children.
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.Non-Economic Damages
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.Economic Damages
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.