A wrongful death is one that would not have occurred if another person had not been careless, negligent, or malevolent. If an accident has taken the life of your loved one, you understand the pain is indescribable. That suffering is only worse if someone else’s carelessness caused the incident. Fortunately, under California law, the families of victims who passed away due to carelessness can file wrongful death lawsuits to seek compensation for their pain and loss.
Although the compensation you can receive won’t likely lessen your emotional anguish, it might at least help with the costs of funeral and burial services and lost income for your family. As a surviving relative, you are also a victim. At Kash Legal, we understand how critical it is to seek retribution after a loved one dies unjustly. Our Clovis wrongful death lawyers will do all possible to help you get the compensation you deserve.
Wrongful death claims must meet the same fundamental criteria as personal injury lawsuits; therefore, a breach of the usual duty of care is necessary for a claim to be legitimate. This duty relates to every individual’s obligation to avoid bringing harm to others. Any conduct or inaction that violates this duty makes the individual accountable for any damages.
A death caused by one of the following events may be the basis for a claim:
Any death can be considered wrongful based on the circumstances that led to it. People, businesses, institutions, and others with whom we contact in our daily lives owe us a fundamental commitment not to participate in behavior or make decisions that put us in jeopardy. Generally, any loss of life caused by a breach of that essential commitment can be considered unlawful.
It is the burden of the filing party (plaintiff) to prove the case during a personal injury or wrongful death claim. A preponderance of the evidence is required to meet the burden of proof. This unequivocal proof persuades a judge or jury that the defendant is likely guilty of the death (responsible with at least a 50 percent probability).
To establish responsibility in a wrongful death action in California, four factors must be present:
There must have been a legal duty of care owed to the deceased by the defendant or defendants. This is a responsibility to act in the same or comparable manner that a wise and logical person would in similar or identical situations. For example, all motorists in California have a legal obligation to handle their vehicles in a manner that does not endanger or injure others.
Any conduct or inaction that a sensible person would not have performed is considered a breach of the duty of care. It can allude to the defendant’s negligent or reckless actions, as well as blatant disrespect for the wellbeing of others and/or intent to damage.
Simply put, causation means that the defendant’s negligence directly caused or materially aided in the development of the alleged injury. The fatal injury in a wrongful death case would not have occurred if the defendant had not breached their duty of care.
Damages are the monetary losses incurred by the plaintiff due to the defendant’s wrongdoing, carelessness, or negligence.
This is a lower burden of proof than proof beyond a reasonable doubt, which is the evidentiary requirement that must be fulfilled in criminal prosecution. However, gathering sufficient evidence to support your case can be difficult without the assistance of a Clovis wrongful death lawyer.
Regardless of your relationship, losing a beloved one can be excruciatingly painful. However, the law restricts wrongful death claims to particular ties and family members. The following surviving family members may file a wrongful death lawsuit under California’s CCP § 377.60 statute:
Each family member who loses a loved one cannot bring a separate wrongful death lawsuit on their own behalf. Instead, you will file a single claim for all family members’ total losses. Others cannot seek additional compensation if one family member makes a claim or accepts a settlement. To avoid uncertainty, the family should collectively decide how to pursue a wrongful death case. If many liable parties were involved in the accident, you could bring a wrongful death lawsuit against each of them.
Most bereaved families are eligible for compensatory damages, sometimes known as economic damages, for out-of-pocket costs. They are also entitled to the “worth” of their intangible losses, commonly referred to as non-economic damages.
Most families are reimbursed for the following:
Punitive damages may be awarded when the defendant’s conduct is so startling that it causes death. These types of damages are rarely granted. When they are, they only intend to punish the person who caused the accident.
There is also a statute of limitations in wrongful death cases. Therefore, it is critical to consult an established law firm as soon as possible to evaluate your alternatives. In most circumstances, the statute of limitations is two years. Medical malpractice negligence is an exception, with a three-year window from the date of injury or one year after establishing reasonable vigilance was absent when an injury was identified, whichever comes first.
If the death was caused by a government liability, such as an accident involving a government vehicle or medical negligence at a government-funded hospital, the statute of limitations is only six months from the date of the injury.
Wrongful death claims are complex legal situations involving numerous legal issues. Hiring a Clovis wrongful death attorney with experience will help guarantee that you get knowledgeable legal representation and give your wrongful death claim the best chance of success.
If you lost a family member due to another person’s negligent, reckless, or intentional actions, you should contact a compassionate Clovis wrongful death lawyer. Kash Legal is dedicated to assisting clients in Clovis and nearby California areas who have lost a family member. We realize that most tragic incidents on the road, at work, or on someone else’s property are avoidable. Contact our law firm at (888) 527-4128 or fill out our contact form for your free case consultation.
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