Losing a loved one is one of the most difficult experiences that anyone can go through. It’s even worse when that death could have been prevented. That’s where wrongful death lawsuits come in.
In California, a wrongful death lawsuit is a legal action brought by the surviving family members or beneficiaries of a deceased person against a party that is legally responsible for the death. The purpose of a wrongful death lawsuit is to seek compensation for the losses and damages that the survivors have suffered as a result of the death.
In order for a death to qualify for a wrongful death lawsuit, it must have been caused by the negligence, carelessness, or intentional actions of another person or entity. Some common examples include car accidents caused by another driver’s negligence, motorcycle accidents, truck accidents, unsafe roads, and criminal acts.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the surviving family members or beneficiaries of a deceased person against a party that is legally responsible for the death.
The purpose of a wrongful death lawsuit is to seek compensation for the losses and damages that the survivors have suffered as a result of the death. Wrongful deaths can be caused by a wide range of circumstances, such as car accidents caused by another driver’s negligence, medical malpractice, workplace accidents caused by unsafe working conditions, defective products, and criminal acts. Some common causes of wrongful deaths include:
- Car accidents caused by another driver’s negligence
- Workplace accidents caused by unsafe working conditions
- Defective products, such as faulty medical devices or dangerous drugs
- Criminal acts, such as homicide or manslaughter
Who is Eligible File a Wrongful Death Lawsuit?
In California, the following family members or dependents may be potentially eligible to file a wrongful death lawsuit:
- Surviving spouse of the deceased person
- Children of the deceased person, including adopted children
- Stepchildren of the deceased person who were dependent on the deceased for at least 50% of their support
- Parents of the deceased person, if the deceased person was a minor
- Putative spouse (a person who believed in good faith that they were married to the deceased person)
- Domestic partner
- Siblings or other family members who were financially dependent on the deceased person
It’s important to note that the laws regarding who can file a wrongful death lawsuit can vary from state to state and can be complex. It’s essential to consult with an experienced wrongful death attorney who can help you understand your legal rights and guide you through the process of filing a lawsuit.
Understanding the Circumstances Where Wrongful Death Claims May Apply
When a person’s death is caused by the negligence, carelessness, or intentional actions of another person or entity, a wrongful death claim may be appropriate. Wrongful death claims can apply in a wide range of circumstances, such as car accidents caused by another driver’s negligence, medical malpractice, workplace accidents caused by unsafe working conditions, defective products, and criminal acts.
However, in order for a wrongful death claim to be successful, certain criteria must be met, including establishing that the death was caused by the defendant’s wrongful conduct, that surviving family members or beneficiaries have suffered damages as a result of the death, and that the person or entity being sued was responsible for the death.
Understanding the Compensation Available in Wrongful Death Lawsuits
When a person’s death is caused by the negligence, carelessness, or intentional actions of another person or entity, the surviving family members or beneficiaries may be entitled to compensation through a wrongful death lawsuit.
The compensation, or damages, available in wrongful death lawsuits can include both economic and non-economic losses. Economic damages may include medical expenses, funeral costs, lost income, and future earning potential. Non-economic damages may include pain and suffering, loss of companionship, and emotional distress.
The amount of compensation awarded in a wrongful death lawsuit will depend on several factors, including the circumstances surrounding the death, the financial losses suffered by the survivors, and the impact of the death on the survivors’ quality of life. It’s important to consult with an experienced wrongful death attorney who can help you understand the compensation that you may be entitled to and can guide you through the process of filing a lawsuit. At GJEL Accident Attorneys, we are committed to helping our clients get the compensation that they deserve and supporting them through this difficult time.
View our article on wrongful death settlement calculations here. Learn how death settlements are paid out.
How hard is it to prove wrongful death?
Proving wrongful death can be a challenging and complex process. In order to prove wrongful death, it must be established that the death was caused by the negligence, carelessness, or intentional actions of another person or entity. This requires a thorough investigation of the circumstances surrounding the death, including witness statements, medical records, and other evidence. Additionally, it must be demonstrated that the person or entity being sued was responsible for the death and that surviving family members or beneficiaries have suffered damages as a result.
Wrongful death cases often require expert testimony from medical professionals, accident reconstruction specialists, and other experts in order to establish liability and damages. This can make proving wrongful death a lengthy and costly process. However, with the help of an experienced wrongful death attorney, it is possible to build a strong case and obtain the compensation that you deserve.
At GJEL Accident Attorneys, we have years of experience representing clients in wrongful death cases and we are committed to fighting for justice on behalf of our clients. We understand how difficult it can be to lose a loved one, and we are here to help you through this difficult time.
Compassionate and Experienced Wrongful Death Attorneys at GJEL Accident Attorneys
If you have lost a loved one due to wrongful death, don’t hesitate to contact GJEL Accident Attorneys today. Our experienced attorneys are here to help you navigate the legal process and obtain the compensation that you deserve.
We understand the devastating impact that a wrongful death can have on your life, and we are committed to fighting for justice on your behalf. Contact us today for a free consultation and let us help you get the closure and financial support that you need to move forward.