Wrongful deaths are unfortunate events that occur when an individual sustains fatal injuries because of the negligent actions of another person or company. Despite how challenging losing a loved one can be, holding the liable party financially responsible for your relative’s untimely death could help you and your family get back on your feet.
After the death of a loved one, civil court filings are most likely the last thing on your mind. Fortunately, an experienced personal injury attorney could take the lead in your case. Call soon to schedule a meeting with a hard-working Woodland Hills wrongful death lawyer to get started on your claim.
Who Can File a Wrongful Death Claim?
State legislation advises eligible parties to file a claim immediately after a wrongful death caused by negligence. Under the instructions of the California Code of Civil Procedure § 377.60, surviving family members, including a spouse, domestic partner, or children, are entitled to file a wrongful death claim for damages. However, if the decedent in the civil lawsuit did not have a surviving domestic partner, spouse, or children, then a former spouse, stepchildren, or the deceased’s parents may file a wrongful case with the civil court.
If a decedent does not have surviving family members, then a representative for the estate may commence the legal action. The estate must file a case within two years of the death or when surviving family members discover that negligence may have resulted in their loved one’s death.
Claimants must follow all state civil statutes to recover damages successfully. A knowledgeable attorney in Woodland Hills could answer a claimant’s questions and handle the legal work to avoid delays.
What Damages Can be Recovered After a Wrongful Death?
The scope of damages available to surviving family members in a wrongful death lawsuit is often dependent upon the details of the case and state legislation. According to the California Jury Instructions 3921, compensation will fall under economic and non-economic damages.
Monetary damages account for verifiable losses, including:
- The loss of financial support the decedent contributed to the family
- The cost of outstanding medical bills and funeral and burial expenses
- The loss of earning potential, benefits, gifts, and inheritance
- The cost of household services the descendant would have completed on the home
This category of damages covers the emotional impacts a family faces in wrongful death cases, including:
- Pain and suffering
- The loss of companionship, love, or comfort
- Losing the enjoyment of intimacy and consortium
- The loss of guidance and protection
A knowledgeable lawyer in Woodland Hills could review the details of a wrongful death case and fight to get plaintiffs the maximum recovery possible for their damages.
Schedule to Meet a Seasoned Wrongful Death Attorney in Woodland Hills
Filing a lawsuit against the negligent party will not change the past or bring back your loved one. However, a civil suit will allow you to hold the liable party accountable and provide financial stability to you and your family.
The sudden and traumatic loss of a family member can have devastating effects on your life, but you do not have to face this challenging time alone. A compassionate Woodland Hills wrongful death lawyer could advocate on your behalf and help you through the complicated civil court process. Call today to begin building your case.