Nothing is more devastating than losing a loved one unexpectedly, especially if their death is due to another party's reckless or negligent actions. This is called a "wrongful death" and can be caused by various circumstances, ranging from careless driving to medical errors and workplace injuries.
No matter who caused the death, all individuals or entities responsible for your loved one's demise can be held accountable. Our wrongful death attorneys know that no money can make up for the loss of a loved one. Nonetheless, a wrongful death case is also about justice and holding the responsible party(s) accountable. A Moreno Valley wrongful death lawyer at Kash Legal is ready to help you fight for your right to compensation for the loss of your loved one.
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Wrongful death is “a death of a person caused by the wrongful act or neglect of another.” In other words, the deceased passed not due to natural causes, but due to the negligent actions of another. In Moreno Valley, California, the deceased party’s surviving family members have the legal right to seek compensation for the loss of their loved one.
The most frequent causes of wrongful deaths include the following:
If you lost a loved one to any of these circumstances, contact a Moreno Valley wrongful death lawyer who will assess your case and determine whether you have a legal claim. If so, they will help you prove that someone else’s negligence led to your loved one’s death.
According to the California Code of Civil Procedure, a wrongful death claim can be filed by the deceased’s:
You should review your case with a knowledgeable Moreno Valley personal injury lawyer to find out if you are eligible to file a wrongful death lawsuit in California. The wrongful death lawyer will evaluate your relationship with the deceased to determine if you are qualified to file a legal claim.
The surviving members of the deceased are entitled to reasonable financial compensation in relation to what they would expect to receive if the deceased were alive. The damages awarded to surviving members of the deceased are guided by The Judicial Council of California Civil Jury Instructions (CACI). The two types of damages awarded in wrongful death claims are:
These damages cover financial losses like household expenses, funeral and burial expenses, lost financial support, and lost benefits or gifts. These losses are verifiable through receipts, bills, and other financial documents. When determining economic damages, the courts consider inflation and wage increases as the years go by. No limits are placed on economic damages.
These intangible damages are more complicated to calculate, as they do not rely on numbers. Judges and juries award a reasonable amount according to the evidence and common sense. No limits are placed on non-economic damages. These damages include:
In wrongful death claims, the plaintiff’s pain and suffering, grief, sorrow, financial situation, and mental anguish are not considered non-economic damages.
Punitive damages do not serve the intent of compensating the plaintiff. They are meant to punish the defendant for exceptionally negligent or intentional reckless acts. Interestingly, wrongful death plaintiffs cannot claim punitive damages.
The only exception is if the death of your loved one was a result of a homicide for which the defendant has been convicted. Punitive damages can also be awarded if a survival action is filed.
Wrongful death claims are often filed with survival claims simultaneously. Survival claims in Moreno Valley are usually filed on behalf of the deceased’s estate. While surviving family members can file wrongful death claims, survival actions are filed by a representative of the deceased’s estate.
A survival action aims not to compensate family members for the loss of their loved one. Instead, a California survival action allows the deceased’s estate to sue for losses suffered by the late due to the wrongful act. The deceased person’s estate can recover damages like:
These are damages sustained after the wrongful act and long enough to incur some economic damage before their death. Therefore, a survival action cannot be filed in cases where the wrongful act caused instantaneous death. Under a survival action lawsuit, the deceased’s estate could receive pain and suffering as well as punitive damages.
Hiring an experienced Moreno Valley wrongful death lawyer is best to help you navigate this complex area of state and federal law. Our wrongful death attorneys understand how important it is to hold those responsible for your loss accountable.
Kash Legal has years of experience navigating wrongful death claims and will put your best interests front and center. Call our law firm at (888) 527-4128 or fill out our contact form for free consultations.
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