Often, people die from accidents or intentional acts of others. If a person dies because of the negligence or misconduct of another person, the next of kin may be able to file a wrongful death lawsuit against the responsible party. A wrongful death claim seeks compensation for the survivor because of the loss of their loved one. Losses may include lost earnings, medical expenses, funeral costs, and the loss of companionship.
Who Can File A Wrongful Death Claim In California?
In California, the next of kin can file a wrongful death lawsuit against the person who is at fault for the individual’s death. This could be against the bartender who served alcohol to an intoxicated person who drove and caused a crash, the driver of the vehicle, a medical professional who caused the death during medical malpractice, or the owner of a business who failed to properly tend to their property and maintain it.
Each state has varying laws regarding wrongful death. In California, it can be brought by a spouse, parent, or child. There are limits on the damages that one can claim for wrongful death. Wrongful death claims are to financially help the families who are left behind after a loved one’s death because of the negligence of another party.
Looking At Wrongful Death Claims
Wrongful death claims can be created from a situation in which a victim who had lived could have filed a personal injury claim. If the person who could have pursued a personal injury claim dies because of the wrongful actions of another, their family can pursue a wrongful death claim. There are several reasons for wrongful death claims. Among those reasons are –
- Intentional killing or murder – while the defendant may face a criminal case, civil lawsuits to recoup compensation may also be filed.
- Medical malpractice – if the medical provider doesn’t properly diagnose the condition and leads to death, the doctor has been negligent in their care. A wrongful death claim may be appropriate.
- Car crashes – if a person dies in a car crash and it is determined the other driver was negligent, a wrongful death claim may be brought against the other driver.
Necessary Elements For Wrongful Death Claims
For a wrongful death lawsuit to be successful, you must show that several elements are present. Those elements include –
- A person’s death was caused by another person’s intentions or negligence.
- Monetary injuries related to the death were suffered.
- A personal representative must be appointed for the decedent’s estate.
There is a limited time for pursuing a wrongful death claim, so you should act promptly.
Enlisting A Wrongful Death Attorney
If your loved one died because of someone else’s actions, you should enlist the help of a wrongful death lawyer. The Trial Law Offices of Bradley I. Kramer, M.D., Esq., have helped thousands of families who have lost a loved one because of negligence or the wrongful actions of others. Call the offices today for a free consultation.