Wrongful death claims in California is a civil suit that holds liable parties accountable for the death of a loved one. So, if a loved one dies, family members can sue the parties responsible for their death for the economic and non-economic damages that resulted from it.
That said, California's wrongful death law has a limited list of individuals who have the right to sue for a loved one's death. Knowing someone who died does not mean you're entitled to damages.
So, who is entitled to these damages? Who can sue the liable parties? Let's look at what our prescreened wrongful death lawyers in Los Angeles have to say about it:
Who Can Legally Sue For A Loved One's Death In California?
The Code of Civil Procedure 377.60 describes California's law governing wrongful death. California's wrongful death law details the specifics of who has the legal authority to bring wrongful death claims and the kinds of damages or compensation that a plaintiff may receive.
Who May Bring A Wrongful Death Action In California?
In California, a wrongful death claim may be made by the deceased's:
- Surviving spouse
- Domestic partner
- Children
- Any minor children who were financially dependent on them in some way
Basically, the right to sue falls under intestate succession laws. This means the ones listed above have the most priority or right to sue for wrongful death. At the same time, grandchildren, siblings, or parents may file a claim if the decedent's spouse and children are also deceased.
In most cases, the one with legal rights over the deceased loved one's estate is the one who forwards the lawsuit. If unsure about your eligibility to sue, contact a prescreened Los Angeles wrongful death lawyer near you.
What Do You Need To Prove In Los Angeles Wrongful Death Claims?
Wrongful acts can result from various situations, such as auto accidents or medical misconduct. The wrongful death statute requires proof that the defendant caused the wrongful death by negligence or intentional harm and that surviving family members are experiencing losses to establish the party's obligation.
Hence, it would be best if you had evidence and a solid case to be awarded damages. Your Los Angeles wrongful death lawyer will do their investigations, compile evidence, and build a solid argument to ensure a successful claim.
What Damages Can You Recover In Los Angeles Wrongful Death Claims?
The possible damages in these types of cases are intended to make up for losses (both financial and non-financial) that the heirs would not have suffered had the deceased lived.
Quantifiable costs brought on by wrongful death claims in Los Angeles are represented by economic damages. These are a few of them:
- The amount of money that the heirs would have received had the deceased lived
- Reduction in household services
- The costs of the deceased's funeral or burial
- Loss of benefits the heirs would have received
Non-economic damages, often known as general damages, are " intangible losses." These consist of:
- Loss of friendship, love, safety, comfort, and moral support
- Loss of close relationships
- Loss of instruction and guidance
It's crucial to remember that California's wrongful death statute does not provide for punitive damages. So, what you can collect from a wrongful death are the total (including future) losses incurred.
A surviving cause of action must be brought to seek punitive damages from the responsible party for wrongful death. If wrongful death and survival claims stem from the same transgression, family members may bring them jointly.
Contact a prescreened Los Angeles wrongful death lawyer ASAP to know more about your legal options.
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