What Does A California Wrongful Death Lawsuit Entail?

The victim’s survivors can only bring forth a wrongful death lawsuit. According to the California Code of Civil Procedure 377.60, the highest entitlement in a wrongful death action is given to those closest to the decedent, such as surviving partners and dependent children, and is then followed by:

• Any other person who might have been financially reliant on the deceased, such as a putative spouse and their children. The victim’s surviving parents or siblings and their children.
• The only people who may file a wrongful death claim are this victim’s heirs, who may do so jointly or separately.

What Are the Leading Causes of Wrongful Death?

Numerous causes of wrongful death can give rise to a wrongful death claim, but they all include a negligent and usually avoidable error. Wrongful deaths can occur while driving, at work, or even on the water. The following are the most common causes of wrongful death:

Accidents in Motor Vehicles

The single leading cause of wrongful death is traffic accidents, which include vehicle, truck, motorcycle, bicycle, boat, and pedestrian incidents. Speeding, risky or reckless driving, distracted driving, and DUI are some of the most common causes of car accidents. 

Accidents at Work

Workplace is another common location where a deadly accident can occur, whether due to a slip and fall accident or the use of defective items or equipment. 

Water Activities

Water activities, such as boats and jet skis are another prominent cause of wrongful death. Speeding, reckless driving, distracted driving, and DUI are some of the most common causes of accidents on the water.

What Damages Am I Entitled to in a Wrongful Death Claim?

When a victim dies due to another party’s carelessness, the decedent’s survivors incur economic and non-economic losses. The emotional anguish caused by the death of a loved one can be crippling. One of the damages that a wrongful death lawyer from The Law Offices of CAWISE LAWYERS can help you recover is the loss of love, companionship, comfort, affection, and direction that your loved one offered.

Survivors of the victim may also seek wrongful death compensation based on:

Loss of the Victim’s Future Earnings

If you can demonstrate financial dependency on the victim, you may be able to claim damages based on the deceased’s future earnings.

Loss Of Benefits

If the victim was due to receive medical benefits, a pension, or other potential future benefits, you might also be entitled to compensation.

Fixed Charges, For example, Medical Bills and Funeral Expenses.

Dealing with a wrongful death can result in the accumulation of fixed expenses, such as pre-death medical expenses and burial fees. You should not be held liable for the high costs of a loved one’s accident. Allow a skilled wrongful death lawyer from our top-rated legal office to represent you.

Who Can File A Wrongful Death Lawsuit?

Specific people have the legal right to file a wrongful death lawsuit under California law. Only one wrongful death claim can be filed, and all other parties with a compensation claim can be named plaintiffs in that claim. In California, those having legal standing to initiate a wrongful death lawsuit include:

• Decedent’s Wife
• Domestic Companion
• Grandchildren (if the deceased person’s children have past away)
• Parents or Siblings (may be considered if there is no living spouse or children)
• Stepchildren or Other Minors (if relied on the deceased for at least half of their financial support)
• Other People (who potentially inherit from the deceased under California’s intestate succession law)

How Much Time Do I Have to File?

While this varies by state, California law states that survivors of the victim have exactly two years from the accident date to file a wrongful death suit in court.

That is why it is critical for the decedent’s survivors to contact a competent lawyer at The Law Offices of CAWISE LAWYERS and file a wrongful death claim as soon as possible after the tragedy.

How Can You File a Lawsuit for a Wrongful Death?

To launch a wrongful death lawsuit in California, the deceased person’s surviving family member or personal representative must immediately present the case to the court. The only means of redress for the wrongdoing is monetary compensation, which the offender will be required to pay to the victim’s survivors by the court.

For most people with little prior legal experience, bringing a wrongful death claim may seem challenging. The Law Offices of CAWISE LAWYERS can assist by making this ostensibly complex process simpler for you.

Our lawyers can make sure you receive the justice and financial compensation you are entitled to. Nothing can ever fully compensate for the loss of a loved one, but our lawyers can help you get the financial compensation you will need and deserve. Call now 818-527-1063 for a free consultation.

Consult A Wrongful Death Lawyer

The lawyers at The Law Offices of CAWISE LAWYERS are there when you need to contact a wrongful death lawyer. Our lawyers will walk you through each step if a loved one just passed away due to someone else’s carelessness.

You are not required to pay any legal fees upfront under our contingency fee system. As our compensation is totally contingent on successfully settling your case, this model harmonizes our interests with yours.

Call The Law Offices of CAWISE LAWYERS at 818-527-1063 for more details and for a free consultation to learn how our lawyers can help you immediately.