Compensation For The Wrongful Loss Of A Loved One
A wrongful death lawsuit is a special type of personal injury claim that is filed by the survivors of a deceased person who met his or her death through the negligence of another party. This special type of lawsuit can only be filed by certain people under certain conditions in California, unlike other types of civil suits. If you believe you may have a wrongful death claim against a negligent party, it is very important to understand the limitations of these types of cases before taking action.
California Wrongful Death Law
Under California law, a limited number of people are allowed to file wrongful death lawsuits. Only the legal representative of the deceased person’s estate or certain relatives can bring this type of lawsuit. A wrongful death suit may be brought whether or not there is a criminal case pending regarding the person’s death.
Specifically, the people who are permitted by California law to file a wrongful death lawsuit include:
- The surviving spouse
- A surviving domestic partner
- The surviving children
- The person who, if there is no surviving family, would be entitled to the property of the deceased person by law
- Those who were financially dependent upon the deceased person
What Damages Are Available In A Wrongful Death Judgment?
There are several types of damages available to those who win a wrongful death lawsuit. These include:
- Burial and funeral expenses. The deceased’s burial and funeral expenses are often recoverable under a wrongful death lawsuit.
- Medical bills from final illness or injury. If the deceased was treated prior to death by a doctor or hospital for illness or injury arising from the negligence of the defendant, these debts may also be recoverable.
- Lost income, present and future. The deceased’s dependents may be able to recover lost income, including lost future earnings.
- Loss of love, support and guidance. While it is difficult to put a price tag on love and support, it is often possible to recover sums to compensate family members for these losses.
Most wrongful death lawsuits must be filed within two years of the date of the death of the victim. If you have experienced the loss of a family member, it is important to act quickly to file a wrongful death claim. Contact Daniel M. Gilleon in San Diego today for more information on how you may be able to recover compensation for the loss of your loved one.
