The first step in filing a wrongful death claim is determining whether another party’s negligence, recklessness, or intentional misconduct caused your loved one’s death.
Losing a loved one due to someone else’s negligence is an unimaginable tragedy. Whether the loss was caused by a car accident, medical malpractice, workplace injury, or another preventable event, the emotional and financial toll on the surviving family members can be overwhelming. In California, the law allows certain family members to file a wrongful death claim to seek compensation for their loss. Understanding how to navigate the wrongful death lawsuit process and what damages may be recovered is crucial for those seeking justice.
Who Can File a Wrongful Death Claim?
Under California law, only certain individuals have the legal right to file a wrongful death lawsuit. This includes the deceased person’s spouse, domestic partner, children, or other dependents. If none of these individuals are available, other family members, such as parents or siblings, may have the right to bring a claim. The purpose of the lawsuit is to provide financial relief to those who were financially and emotionally dependent on the deceased.
Steps to Filing a Wrongful Death Claim
The first step in filing a wrongful death claim is determining whether another party’s negligence, recklessness, or intentional misconduct caused your loved one’s death. This often requires a thorough investigation, review of medical records, accident reports, and expert testimony.
Once liability has been established, the next step is to file a wrongful death lawsuit within the legal time limit, known as the statute of limitations. In California, you generally have two years from the date of death to file a claim. If the case involves medical malpractice, the deadline may be shorter, requiring action within one year from the date the malpractice was discovered. Missing these deadlines can result in losing your right to pursue compensation, making it essential to consult with a wrongful death attorney in California as soon as possible.
After filing the lawsuit, the legal process involves gathering evidence, negotiating with insurance companies, and potentially taking the case to trial if a fair settlement cannot be reached. Throughout this process, an experienced wrongful death lawyer will handle communication with insurers, calculate the full extent of damages, and advocate aggressively for the compensation your family deserves.
What Compensation Covers in a Wrongful Death Case
A wrongful death settlement or court verdict can provide compensation for a variety of economic and non-economic damages, including:
Medical Bills: Any medical expenses incurred due to the injury that led to death, including hospital stays and treatments.
Funeral and Burial Costs: The financial burden of laying a loved one to rest can be substantial, and these expenses are typically recoverable.
Loss of Financial Support: If the deceased was a primary earner, their future lost wages and benefits can be included in the claim.
Loss of Companionship and Emotional Suffering: Surviving family members may be compensated for the loss of love, care, guidance, and emotional support.
Pain and Suffering of the Deceased (Survival Action Claims): In some cases, compensation may also be sought for the pain and suffering the deceased endured before passing.
Insurance companies often try to minimize payouts by disputing liability or undervaluing claims. This is why working with a skilled wrongful death attorney is crucial in ensuring that your family is not left with financial hardship after an already devastating loss.
The Importance of Legal Representation
Navigating a wrongful death lawsuit on your own can be incredibly challenging, especially when dealing with grief, financial stress, and legal complexities. An experienced attorney can handle the legal burden while you focus on healing. At The Arvanitis Law Group, we have a proven track record of helping families across San Diego, Los Angeles, and Santa Rosa secure the compensation they need to move forward.
If you have lost a loved one due to someone else’s negligence, you don’t have to go through this alone. Contact The Arvanitis Law Group today for a free consultation to discuss your case and take the first step toward justice.
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