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If you have lost a loved one in Stockton due to another party’s negligent or reckless action, you have reasons to feel both distressed and angry. While nothing would undo the loss you have endured, you should not let your grief impact your senses. You can demand accountability from the party liable for the situation. Of course, you cannot navigate the legal maze alone. Consider hiring a Stockton personal injury attorney at the earliest. For your help, below is a detailed overview of wrongful death claims.
Who can bring a wrongful death claim?
In California, only certain people can bring a wrongful death claim after the death of a person. The list includes the surviving spouse of the deceased, domestic partner, and children. If the children of the deceased have also died, any surviving grandchildren can also take legal action. If the deceased was a minor, then the parents can file a claim. The representative of the deceased person’s estate can also file a wrongful death lawsuit. If individual family members decide to file separate lawsuits, these are usually consolidated for the proceeding.
What exactly is a wrongful death claim?
If someone dies because of another person’s wrongful act or neglect, it is a case of wrongful death. The said act doesn’t have to be intentional. For example, if a driver rammed into your vehicle and you lost your spouse, the other party is accountable, although they didn’t cause the accident intentionally. Family members can file a wrongful death claim if another person killed their loved one. Wrongful death could be related to various incidents, such as car accidents, medical malpractice, slip & fall accidents, defective products, dog bites, nursing home abuse, and criminal acts. Remember, for criminal acts, a wrongful death claim is a civil claim, which means the family members can only sue for compensation, regardless of whether the concerned party is facing criminal proceedings.
Damages for wrongful death claims
No two wrongful death claims are the same, and it is critical that an attorney reviews your case and offers you a fair and transparent assessment. Claimants can usually recover economic damages, such as the amount of financial support that the deceased may have provided to the family if they were alive. The list also includes estimated value of household services, loss of other benefits, and other out-of-pocket expenses, such as the cost of burial and funeral. There are also non-economic damages that are intangible but recoverable, including loss of companionship, loss of sexual relations, and loss of protection, moral support, and affection. Note: You cannot seek punitive damages.
Get an attorney soon
The lasting you want to think about after losing a loved one is filing a lawsuit. However, according to California’s statute of limitations, you just have two years to file a wrongful death lawsuit, and there is no time to wait. You must recover evidence and must do everything to hold the other party liable for their negligence. Instead of struggling with the legal process, meet an attorney specializing in personal injury laws in California. There are numerous law firms in Stockton, and most of the top names will be happy to take the case on contingency. Your lawyer will use their resources and expertise to gather information, take steps to strengthen the case and negotiate with the insurance company. A competent personal injury lawyer will not back down if there is a need to go to trial.
With the right attorney on your side, you can navigate through the difficult time of your life without pressure. Let your lawyer handle every aspect and won’t settle unless you recover money.
