Wrongful Death Claim

If you’ve lost a loved one in an accident, you may be able to pursue a wrongful death claim. These claims can help surviving family members move forward without having to worry about remaining medical bills, end-of-life expenses, or other unexpected costs. 

To learn if you have a valid wrongful claim, keep reading. 

Defining Wrongful Death in California 

Wrongful death laws vary by state. It’s important to understand what laws apply to you in your state.

In California, wrongful death laws allow family members to take legal action. This lets them seek compensation when their loved one’s death resulted from someone else’s negligent actions.

Wrongful death claims come from various circumstances. Car accidents are one of the most common. Regardless of the circumstances, several factors are needed for a case to qualify as wrongful death. Those factors include the following:

• A person died
• Their death was caused by another’s negligence or intent to cause harm
• The surviving family members are suffering financially because of the death
• A personal representative has been appointed from the deceased’s estate

Proving each is not always simple, especially when it comes to proving negligence. 

Fortunately, our attorneys at The Law Offices of Daniel Kim are well-versed in wrongful death laws. We’re prepared to thoroughly investigate your case and maximize your compensation.

Who Can File a Wrongful Death Claim

One of the first steps to filing a wrongful death lawsuit or claim is understanding who can file. According to California law, the following are eligible to file a claim.

• Surviving spouse
• Domestic partner
• Child of the deceased

If there are no surviving persons in those categories, the court can name next of kin. 

Those filing need to be found eligible for compensation. This happens if they were a dependent, putative spouse, child of the putative spouse, stepchild, or parent.

There are also special laws relating to minors and previous residences. If you’re uncertain as to who is eligible to file for compensation after a loss, your attorney will be able to explain your rights and options.

Civil Cases and Criminal Cases 

In addition to determining who can file a wrongful death lawsuit, you should know about civil cases and criminal cases. For example, if your loved one was in a fatal accident where the at-fault party broke the law, the state could choose to take legal action.

This is done to pursue charges, fines, and potential jail time. However, you can pursue a civil case while the state pursues a criminal case, as the two will not affect each other.

It’s important to note that the statute of limitations for wrongful death cases in California is two years. As such, you need to have your lawsuit filed within the time frame. If you fail to do so, you’ll render your family intelligible for any amount of compensation because the court will likely throw the case out. 

Compensation for a Wrongful Death Claim

An unexpected death can leave a family with extensive medical bills, end-of-life expenses, and lost wages. Filing a civil claim against the at-fault person can help cover those expenses. 

While it’s likely you will settle out of court, there is a possibility your case will escalate to litigation. Your attorney will guide you through the trial process and present the best possible case to the judge and jury. 

A wrongful death lawsuit will extend the length of time it takes to find a resolution. Therefore, your compensation is delayed. However, this may be the only way to ensure your family can move forward in a comfortable financial situation. 

When you file a claim, you have the option of seeking economic and non-economic losses. Economic damages are calculable, while non-economic losses are more subjective.

Economic Damages

To calculate your claim’s economic losses, your lawyer will collect hospital records, funeral home statements, prior paystubs, lost wage records, and any other applicable documentation to total what your family has lost in terms of actual money. 

Non-Economic Damages

When it comes to the non-economic damages, your attorney will evaluate how the death has affected your family. Pain and suffering, grief and mourning, loss of consortium or child-rearing, and loss of companionship or guidance are factors to consider

How an Attorney Helps With Your Wrongful Death Lawsuit

Our attorneys recognize how difficult it is to lose a loved one, especially when the death could and should have not happened. First and foremost, we are here to support your family during this difficult time and ensure the negligent party is accountable for their actions.

When it comes to filing your claim, your wrongful death attorney will ensure you meet all deadlines. You don’t want to miss that statute of limitations and be ineligible for compensation. When you work with a lawyer, you won’t have to worry about deadlines, paperwork, or difficult conversations, as your lawyer will handle all of that for you.

As mentioned above, your claim can bring about two types of damages. Without the help of an attorney, your chances of winning your case decrease. To ensure you are on the best path to receiving total compensation, make sure you work with a law firm you can trust.  

Learn More About Accident Claims 

At The Law Offices of Daniel Kim, we understand how sensitive of a subject it is to lose a loved one. This is why we’re prepared to stand by your side throughout the entire process. 

Our team will make sure you understand your legal rights and will keep you informed every step of the way. To learn more about the claims process or to get started, contact us today.