El Cajon offers many positive features for its residents and visitors, including an array of shops and restaurants, a number of municipal parks, an above-average school system, and an affordable standard of living. However, just like any city, El Cajon is also filled with hazards that not only can result in injuries but may even lead to someone's death.
When a person dies, their loved ones are often left with significant financial and psychological impacts. California's wrongful death claims process is a legal process by which the family members of an individual who died as a result of someone else's negligence can seek compensation for the expenses and impacts of the loss by filing a claim against the at-fault party's relevant liability insurance policy.
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While some states require wrongful death claims to be filed by an administrator of the decedent’s estate on behalf of the family, in California, family members are able to file their claims directly. In order of priority, those who can seek compensation through the wrongful death claims process include:
If there is no surviving spouse or domestic partner, children, or grandchildren to file the claim, compensation can be sought by others in the deceased person’s line of descent, such as parents or siblings. Others who can benefit from a wrongful death claim include the decedent’s stepchildren, children of their putative spouse, or the parents or legal guardians of a minor decedent.
Working on a contingent fee basis so that claimants do not have to pay for their legal services until the claim has been compensated, an experienced El Cajon wrongful death lawyer and their legal team can take a number of actions to assist claimants during the process. These actions include:
When a wrongful death claimant decides to hire an El Cajon wrongful death lawyer to assist them with their claim, they are asked to sign a contingent fee agreement. This agreement provides details about the kind of services the claimant can expect from their legal team and also specifies that a percentage of the compensation received will be used to pay for the wrongful death attorney. At the conclusion of the claim, the wrongful death attorney receives the compensation for the claimant, withdraws the agreed-upon percentage, and turns the remainder of the proceeds over to the claimant.
Wrongful death claimants in El Cajon can seek compensation for the financial costs of their loss, as well as the emotional impacts of it and personal injury. Some of the common monetary expenses that appear on wrongful death damage claims include the cost of the decedent’s final medical expenses, as well as the cost of a funeral service and burial or cremation. Additionally, the claimant can seek compensation for the loss of financial support and household services that were provided by the decedent in life, as well as the loss of gifts and benefits that the claimant could have reasonably expected to receive from the decedent.
The types of psychological impacts that can be compensated through California’s wrongful death claims process include the loss of the decedent’s love, companionship, comfort, assistance, protection, care, society, and moral support. The decedent’s spouse or domestic partner can seek compensation for the loss of physical intimacy (known as loss of consortium). The decedent’s children can seek compensation for the loss of parental guidance.
There are few things in life as financially or emotionally devastating as an unexpected death resulting from someone else’s negligence. The Kash Legal team understands how difficult things can be in the face of such profound loss, and our wrongful death lawyers want to make the process of seeking compensation for your family’s loss one less thing you have to worry about by offering quality legal services, compassion, and a firm understanding of the type of compensation needed to move forward after losing a loved one who was counted on for services and support.
Let our experienced El Cajon wrongful death lawyer help you understand California’s wrongful death claims process and answer the questions you have about your case. For your free case evaluation, call us at (888) 527-4128 or contact us online.
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