Losing a loved one can be devastating, especially if their death could have been avoided. Coming to terms with this sudden loss of a loved one is challenging. The grieving process can be made worse by unexpected bills brought about by this accident. Fortunately, California courts help the deceased’s surviving family ease the financial burden of an unexpected death by compensating the economic and non-economic damages they suffered.
A wrongful death claim could be filed by the family members or dependents of the deceased if another caused their death through negligent actions. Hiring a wrongful death lawyer with your best interests at heart allows you time to grieve without worrying about legal and financial matters.
Negligence is the most common cause of wrongful deaths in Fresno, California. Wrongful deaths can be caused by several acts of negligence, which include the following:
Drowning, boating, and other recreation accidents might have caused a wrongful death, especially if the facility owners or managers were negligent of the hazardous conditions at the facility. Surviving members of the deceased have a right to pursue compensation for their loss.
Eligibility to file a wrongful death claim in Fresno, California, lies with specific family relations of the deceased. Individuals who can file a wrongful death claim in California include the following:
Other relations include people who were dependent on the deceased or minors who were dependent on and resided in the deceased’s household for the last 180 days.
To recover the damages of a wrongful death claim, the plaintiff must prove that the defendant’s wrongful actions were a significant factor in the deceased’s wrongful death. Establishing a Fresno wrongful death claim requires the plaintiff to demonstrate the following four elements of negligence:
Compensation can be recovered for the losses suffered due to the demise. These may include medical bills, burial expenses, loss of support, etc.
The relationship the deceased shared with a surviving family member determines the damages they can pursue. The following are some of the reimbursements that can be recovered:
Punitive damages are possible, but California only allocates punitive damages in cases where the defendant’s actions were grossly negligent or intentional.
If you have experienced a Fresno wrongful death in your family, contact a wrongful death lawyer from Kash Legal. Your lawyer will help you ascertain if you are eligible to file a wrongful death claim and help you gather the evidence required to prove your case.
Losing a loved one so unexpectedly is hard enough, even without factoring in the added financial stresses of such a loss. Call us at (888) 527-4128 or fill out our contact form to schedule a free consultation to begin healing and grieving the loss of your loved one without the interruptions of legal or financial issues.
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