wrongful death cases
Wrongful death is when an individual is killed by the improper or negligent conduct of another. These claims are not only tragic, due to loss of a life, but can leave loved ones reeling and unprepared to handle what comes next.
Losing a loved one is never easy and sometimes the emotional toll such a loss can take can prevent loved ones from processing and seeking out answers. These are perfectly normal emotions and issues to have when a loved one is suddenly torn from your life. These are the situations where a compassionate advocate like James and David can help.
When someone dies due to the negligence of another person’s improper conduct or negligent actions then the next of kin or the deceased’s estate can pursue and bring a civil claim/case to recover damages resulting from the loss of a loved one. If the death is caused by a drunk driver, then punitive damages may be warranted.
Who is Considered “Next of Kin” for a wrongful death claim?
California follows the general rules of succession as follows: spouses (husband, wife, domestic partner) then children then parents, then siblings; in that order for priority of claim. If a parent dies then their partner and children may all have valid claims. Others can be deemed next of kin based off of certain circumstances or relationships. Types of damages you can potentially recover from a wrongful death claim:
Funeral and burial expenses
Loss of income from decedent
Medical expenses prior to death (if still owed)
Loss of household support
Loss of child support
Loss of retirement/medical benefits
Other economic losses sustained by the accident death of a loved one
Non-economic damages such as the loss of support, companionship, and affection
Due to various safeguards put into place many things must happen in the days and weeks following the death of a loved one. Some of things safeguards require bringing a claim within certain periods or you waive your right to bring the claims and seek recovery. These Statutes of Limitations require certain claims be brought within 6 months (CA Government Claim). This is why it is important to consult with an attorney to make sure these deadlines are not missed.