When a loved one passes as a result of another party’s negligence, it can be traumatic in many ways. If you have yet to contact a wrongful death attorney you might feel like there’s nothing you can do to hold the responsible parties accountable, or you may be blindsided by medical and funeral costs.
If you have lost a loved one as the result of another individual’s negligence, you may be wondering whether you have the right to take legal action. In many cases, there are laws in place that allow you to seek monetary damages if you can prove that your loved one’s death was caused by someone else’s negligence. Kash Legal can help you through every step of the legal process so you can get the compensation you deserve.
REQUEST A FREE CONSULTATIONElements of a Wrongful Death Claim
A wrongful death claim is a legal action that may be taken when someone dies due to the negligence or wrongful act of another person or entity. In order to succeed in a wrongful death claim, the plaintiff must show that the death was caused by the defendant’s negligence or intentional act and that the plaintiff has suffered economic or non-economic damages as a result.
The four elements of a wrongful death claim include the death of the person(s), the fact that it was caused by the negligence or wrongful act of another, that the survivors have suffered damages as a result, and finally, the appointment of a personal representative for the deceased person.
Possible Damages in a Wrongful Death Claim
A wrongful death claim is brought forth by the surviving family members of the deceased. The purpose of the claim is to seek compensation for the losses that the family has suffered as a result of the death.
The types of damages that may be available in a wrongful death claim include medical expenses, funeral and burial expenses, loss of companionship, pain and suffering, and loss of earnings. In some cases, punitive damages may also be awarded. A wrongful death lawsuit must be filed within a certain period of time after the death has occurred.
Statute of Limitations for Wrongful Death Cases in California
California law sets a strict deadline for taking legal action in a wrongful death case. The statute of limitations requires that a lawsuit be filed within two years of the date of death. If you miss this deadline, you will not be able to bring forth a claim, no matter how strong the evidence of negligence or liability is. This is why it is so important to consult with an experienced wrongful death attorney as soon as possible after the death of a loved one.
At Kash Legal, our Huntington Beach wrongful death lawyers have helped many families navigate the claims process and recover the compensation they deserve. Our wrongful death lawyers understand the challenges you are facing and can help you make sure your claim is filed within the applicable deadline.
How Much Is a Wrongful Death Lawsuit Worth?
Wrongful death lawsuits may look to seek damages for the loss of life, as well as for the emotional pain and suffering caused by the death. The value of a wrongful death lawsuit will depend on many different factors, including the age and health of the deceased, the financial contributions of the deceased to the family, and the emotional impact of the death on the surviving family members. Verdicts in California for wrongful death cases have ranged from a few thousand dollars to tens of millions of dollars.
Who Receives Financial Compensation in a Wrongful Death Lawsuit?
The financial compensation in a wrongful death lawsuit goes to the family of the deceased. This includes the spouse, children, and sometimes the parents of the deceased. The amount of money awarded to each member depends on many factors, including the age of the deceased, their earnings, and their relationship to the family. In many cases, it also depends on who the personal representative of the deceased is, as they are responsible for the deceased’s estate after their death.
Take Action To Get Compensation With Help From Kash Legal
Losing a loved one in a wrongful death accident is a tragedy. Not only do you have to handle the loss of someone important to you, but you also have to find a way to deal with the financial costs. Final expenses can add up, and the loss of income over time can have a big impact on your life as well.
Take action with the help of Kash Legal’s compassionate team to make sure that you get the compensation that you deserve. Our wrongful death lawyers can help you collect many types of compensation from insurance companies so that you can handle your finances in the aftermath of a wrongful death. Contact us online or call us at (888) 527-4128 to get started on your wrongful death claim today.
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