We understand that if we secure, even a multimillion dollar settlement, for the family of a loved one who has passed, it does not take away the pain.
However, when the deceased was the primary breadwinner, we take comfort in being able to secure the family's financial future.
We understand that if we secure, even a multimillion dollar settlement, for the family of a loved one who has passed, it does not take away the pain. However, when the deceased was the primary breadwinner, we take comfort in being able to secure the family's financial future.
The Wrongful Death claim is a lawsuit that belongs to the survivors of someone who has passed away because of the negligence of a third party. Usually, the claim belongs to the spouse and to the children of the
deceased. Under wrongful death, the survivors are entitled to sue the party responsible for their loss of love and companionship and financial support. It is the aim of wrongful death claims to compensate the family for their emotional and financial losses.
In order to prove a wrongful death claim the key element is causation. This means that it needs to be shown that the defendant caused the death. If this is shown, the time between defendants act and the decedent's death is not important. Further, even if the defendant was partially at fault for the death, under California comparative fault principles, he or she will still be held responsible for the death but the damages award may be reduced according to the percentage of fault.
There are many factors which go into the calculation of damages. Usually, they include direct out of pocket expenses, such as funeral costs and medical bills. They also include loss of future income and loss of companionship which are harder to calculate. Finally, if it can be proven that defendant's act was intentional or grossly negligent, punitive damages, aimed at punishing the defendant, can also be awarded.
I you have any questions relating to wrongful death claims, please feel free to give us a call. Regardless of the cause of the death, whether it was from an automobile accident, a work related accident, or some defective product, we have what it takes to get you the best possible settlement. If we decide to take your case, we will guide you through each step of the process and do everything in our ability to help you get your lives back together.