The unexpected death of a beloved family member is always devastating. But learning that their death could and should have been prevented can make your pain even worse. If you believe someone else’s negligent, reckless, or willful misconduct led to your loved one’s untimely death, you might have grounds to pursue a civil lawsuit. While prevailing in a legal claim cannot bring your loved one back, it can give your family the financial means to restart your life without your beloved family member by your side. A Palm Desert wrongful death lawyer can help you seek justice. Call today to begin working with a compassionate personal injury attorney.
Eligible Parties to a Wrongful Death Lawsuit
While a sudden death can affect many different people, not everyone who cared for the deceased person is eligible under California law to pursue a civil claim. According to the California Code of Civil Procedure § 377.60-377.62, the only people who can file wrongful death claims are the deceased person’s spouse or domestic partner and the decedent’s children or grandchildren if their children are deceased. If the decedent died without a surviving spouse or children, other people might be entitled to bring a claim, such as the decedent’s putative spouse, stepchildren, parents, legal guardians, or other dependents.
Determining if someone is eligible to file a lawsuit can be complicated, which is why working with a knowledgeable and experienced legal team is critical. A well-versed Palm Desert attorney can review the relationship between the parties and let an individual know if they have proper standing to bring a wrongful death claim.
Common Grounds for Filing a Wrongful Death Suit
When someone loses their life in a preventable incident or accident resulting from another person or entity’s negligence or misconduct, their surviving family members can sometimes file suit. Wrongful death claims frequently follow deaths that occur in preventable manners.
Motor Vehicle Deaths
Surviving family members might be able to sue more than one party after a car crash. They could potentially file a claim against a negligent driver, the driver’s employer if they were a commercial driver, a bar that overserved a drunk driver, the city of Palm Desert for failing to maintain the roads, or the manufacturer of a defective vehicle if a faulty car part caused it to crash.
Defective Products
If someone dies after using a product in its intended manner or in a reasonable misuse, their surviving family members might be able to file suit against the company that designed, produced, or marketed the defective product.
Malpractice
When someone dies because of a medical error, such as a surgical mistake or missed diagnosis, a seasoned legal team can investigate to determine if the death occurred because of medical malpractice.
Premises Liability Accidents
Slip and falls, dog bites, swimming pool drownings, and other unintentional accidents can occur if a property owner does not take reasonable care of their premises.
Workplace Accidents
Accidental workplace deaths can occur from falls, faulty equipment, toxic exposure, fires, and electrocutions. A dedicated Palm Desert wrongful death attorney can review what happened and help a decedent’s family members get the compensation they deserve.
Criminal Activities
If someone loses their life in an assault, shooting, stabbing, or other criminal attack, their family could file a wrongful death suit against the alleged perpetrator.
Talk to a Palm Desert Wrongful Death Attorney
When you lose your loved one, you need to be able to take time to grieve. Worrying about unpaid bills should not be your main concern. You should be able to focus on assisting your family through this challenging time.
Talk to a Palm Desert wrongful death lawyer from Valero Law Group. We are always available for calls and can offer you transportation or come to you if you are unable to come to the office. If there is an emergency, we are on-call and willing to fight for you to get the help you need.
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