The sudden loss of life is an unexpected and devastating event that no one mentally prepares for. The emotional charge of such a tragedy is more intense when another entity or individual is the one to blame. Wrongful death claims are legal actions advanced by the survivors of a person who lost their life due to the misconduct or negligence of another.
The law allows family members of the decedent to pursue a wrongful death claim seeking relief such as monetary damages. The wrongful death claim aims to compensate the relatives who are immediate dependents of the deceased in terms of emotional and financial support. While self-representation is an option, choosing a private firm allows you to collaborate with lawyers who are experienced and knowledgeable about the laws involved in wrongful death cases.
Wrongful death claims involve negligent, reckless, or deliberate behavior that results in a fatality. Most of these claims follow criminal trials, where the court uses the same evidence as a lower degree of proof. Criminal trials and civil trials are two separate matters. Regardless, the individual found at fault for the wrongful death may or may not be sentenced for a felony associated with the fatality.
Negligence is the failure of an individual to act in a manner where a reasonable person would behave in similar circumstances. Common causes of wrongful death include:
An attorney will establish that the person had a duty to care for the deceased, their omission or act breached the quality of care, their actions were directly related to the death or injury of the decedent, and damages resulted.
Wrongful death damages are divided between economic and non-economic damages. According to the law, economic damages include:
The court awards just and fair compensation for wrongful death for economic losses associated with the decedent’s death. If the family pays for the medical care or funeral expenses, they may recover the damages.
Non-economic damages are also a large part of wrongful death claims. These are losses that are difficult to quantify, such as:
The court considers several issues when deciding the damages awarded to the deceased’s litigating members. These factors include the life expectancy of all parties, the replacement value of the deceased’s services, the net income available to the survivors from the deceased, and the relationship between the survivors and the deceased. Finally, the damages awarded will also depend on the date of the decedent’s death.
Self-representation in civil cases has several disadvantages. You are at a higher risk of losing compensation where a lawyer would have improved compensation or won the case where you may not have. Meeting specific filing deadlines may be challenging, particularly when you have lower-level knowledge of the law. The courts are likely to treat you as a lawyer despite having no professional experience or training. Finally, you may have a limited understanding of the specific intricacies of court procedures and the law.
Kash Legal possesses the expertise to handle wrongful death suits and the experience to navigate all potential issues. Losing a loved one is physically and emotionally draining. Our attorneys will advise you on the best steps to help you achieve an adequate outcome. They negotiate on your behalf and help you prioritize your healing.
Jonathan M. Kashani is the founder of Kash Legal Group, specializing in personal injury law with a commitment to providing personalized client services and high-quality legal representation. He holds a Juris Doctorate with honors from the University of West Los Angeles School of Law and is admitted to practice in all state courts of California and the United States District Court for the Central District of California.
You do not have to deal with the loss of a loved one alone. If you are involved in an accident and are seeking a lawyer or need legal advice on wrongful death, contact our experienced lawyers at Kash Legal in Sacramento.
Hiring a wrongful death attorney is pivotal to the success of your case. They have the experience to negotiate the suit and allow you time to grieve. To speak to one of our attorneys, call (888) 527-4128 or complete our contact form today.
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