Negligence should not be the reason a family is grieving. The at-fault party should therefore be held liable for their negligent, reckless, or intentional actions. California's Code of Civil Procedure 377.60 allows surviving family members to sue for damages when their loved one dies from someone else's wrongful act. Be it negligence, omissions, recklessness, or an intentional act.
If you are grieving the loss of a loved one, you may have many questions about the legal process involved in filing a wrongful death claim. Seeking the help of an Elk Grove wrongful death attorney at Kash Legal to provide legal counsel may be the best first course of action toward fighting for compensation.
REQUEST A FREE CONSULTATIONWhat Is a “Wrongful Death” in Elk Grove, California?
Wrongful death is any fatality due to someone else’s negligence or intentional misconduct. In the state of California, a wrongful death claim can be based on the following:
- Recklessness
- Negligence
- Gross negligence
- Intentional wrongful act
Negligence can take several forms. It can even be caused by someone’s carelessness and doesn’t rise to the level of intent. The most commonly reported causes of wrongful deaths in California include the following:
Who Has the Right to Sue for Wrongful Death in Elk Grove?
California Code of Civil Procedure 377.60 permits only the following family members or their representatives to file a wrongful death lawsuit on behalf of the deceased:
- Any surviving spouses of the deceased
- A domestic partner of the deceased
- Children of the victim
- Grandchildren of the victim if the deceased person’s children are also deceased
- Any other dependent of the late who relied on them for at least 50% of their financial support
- Anyone else who is entitled to the deceased’s property as per California’s laws on intestate succession
Any people mentioned above related to the victim can seek the help of an Elk Grove wrongful death attorney at Kash Legal to be guided on how to go about the lawsuit.
Which Damages Can Be Recovered in an Elk Grove Wrongful Death Claims Case?
After a wrongful death, the victim’s family can file a claim for compensation in the value of the support they reasonably expected to receive from the deceased if they lived. The damages sought through a wrongful death claim can include the following:
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- Medical expenses: Cost for both medical treatments provided before the victim’s demise
- Lost income: If the victim was a breadwinner, it is within reason for a family to seek compensation to ensure their continued financial stability
- Loss of companionship: The direct family is entitled to damages for the loss of companionship suffered from their loved one’s death
- Loss of affection and guidance: If the victim was a parent or guardian who was relied upon for emotional support and guidance
- Funeral and burial expenses
- Pain and suffering endured because of their loved one’s death
Speak with an experienced Elk Grove personal injury lawyer who’ll advise you on the best course of action by guiding you to seek the compensation you deserve. Important to note, according to the state of California, the wrongful death statute of limitations and survival actions is up to two years from the date of death.
Is It Worth Getting a Wrongful Death Lawyer?
An Elk Grove wrongful death lawyer can be invaluable during this challenging time for any family. The emotional toll caused by wrongfully losing a loved one can often make it challenging for the surviving family to make objective legal decisions.
Wrongful death attorneys understand the procedures, laws, and regulations involved in a wrongful death claim and will go the extra mile to exhaust all legal options to ensure that your family receives the proper compensation for your suffering.
Contact an Elk Grove Wrongful Death Lawyer
Are you an Elk Grove resident who has lost someone you love because of someone else’s wrongful act? Contact Elk Grove’s top law firm, Kash Legal. Our Elk Grove wrongful death lawyers have years of experience handling complicated wrongful death cases on behalf of our clients in Elk Grove, CA, and you, too, could benefit from this wealth of knowledge.
You can rest assured that your case will be taken up by the best Elk Grove wrongful death lawyer, who will devote their time and waste no resources to get you the best possible outcome. Contact us at (888) 527-4128 or fill out our contact form to schedule a free consultation with our experienced wrongful death lawyers. Remember, you’ll only pay if we win the case.
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