In many cases, a family that is involved in a wrongful death case can suffer a great financial loss, which can affect them presently as well as in the future. These grievances can involve the victim’s medical care before his or her time of death, burial expenses, and even the loss of future earnings. Pain and suffering families endure in an incalculable damage.
When a person’s carelessness, negligence, or criminal act has caused the death of another person, the victim’s surviving family members have the legal right to pursue a wrongful death lawsuit against the responsible person in effort of collecting monetary damages. If your family has endured the sudden loss of a loved because of the negligence of another, consult an attorney with experience in wrongful death claims. A skilled attorney will pursue justice on behalf of your family in a court of law.
Identifying a Valid Wrongful Death Claim
In the State of California, negligence is the utmost important factor in a valid wrongful death claim. In many cases, the unexpected death of a person was the result of a deadly injury the victim sustained as a result of an auto accident.
Negligence refers to when a person, or another entity, has failed to take reasonable care in avoiding another’s injury. When this negligence has caused a person’s untimely death, this is routinely considered a wrongful death.
State of California laws allow specific family members to file a lawsuit against the negligent party for losses accrued as a result of the victim’s sudden passing. It is important to note that the negligent does not have no be another person. Other negligent parties can involve:
- Cities, counties, or state agencies
File a Wrongful Death Lawsuit in the State of California
When a person dies suddenly because of the careless act of another, the victim’s family has the legal authority to file a lawsuit to obtain financial restitution for the damages they have suffered because of the death. As previously mentioned, current California laws only allow specific family members to file a wrongful death lawsuit. State of California Civil Code §377.60 will specify what family members qualify to present a lawsuit in a civil court. The code will also prioritize these family members in the event that multiple parties wish to file a claim.
If you or someone you know has lost a loved one because of a negligent act, even if the case is being tried in a criminal court, the law states that the family has the right to seek damages from the accused party. Obtain the expert legal advice of a skilled attorney who can help you understand if you qualify to file for a wrongful death claim.
Attorney Albert E. Hirst is highly qualified personal injury law in the field of wrongful death lawsuits. Attorney Hirst has dedicated his career to helping those who have been wronged as a result of the negligent acts of others. Wrongful death claims in California are subject to strict time limitations, consult the advice of an attorney as soon as possible.