Wrongful Death Claims in California

The wrongful death may have taken place if your loved one died because of the negligence of another person, including a medical professional. People losing their loved ones to an accident need to deal with the emotional trauma as well as financial hardships. This is particularly true where the deceased was the primary earner.

Get in touch with an experienced wrongful death attorney California if you think your loved one died because of the negligence of another party.

Understanding Wrongful Death Claim - Wrongful death claims seek compensation for the survivors in terms of their economic losses. Certain family members, under the California Code of Civil Procedure 377.60, have the legal right to sue negligent parties when their actions resulted in the death of a loved one.

Filing as Wrongful Death Claim - Survivors of the deceased can seek compensation for the death of their loved one where negligence is involved. These are a few people that can file a wrongful death lawsuit under the California Code of Civil Procedure 337.60:

Spouse - Spouse can file a claim for recovering future earnings and loss of consortium. The survivor may not be able to recover damages for emotional distress. But, they can recover for the things the deceased may have provided if they had lived, such as comfort, aid, protection, guidance, and advice.

Domestic Partners and Putative Spouses - They can file a wrongful death claim the same way a spouse would for claiming compensation. A putative spouse refers to a person that believed they were married to the decedent in good faith.

Children - All minor children of the deceased can bring forth a wrongful death claim. This includes adopted children. They can claim compensation for the loss of parental companionship, guidance, and future financial support.

Parents - In certain cases, parents of the deceased can file a wrongful death claim. This can be done for the loss of both minor and adult children.

Types of Wrongful Death Claim Damages - Damages for wrongful death can be classified as economic and non-economic.

Economic damages include:

  • Funeral and burial expenses
  • Hospital expenses
  • Lost wages

Noneconomic damages include:

  • Loss of services, such as child care and housework provided by the loved one
  • Loss of consortium or loss of affection
  • Loss of advice and training

It’s vital to speak with an experienced and knowledgeable wrongful death attorney to understand whether you have a lawsuit or not. The Los Angeles wrongful death lawyer will help you determine the kind of compensation you may be able to recover too.

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