Wrongful Death Claims: An Overview

Losing a loved one is one of the most difficult things you can experience. It hurts even more to learn that their untimely death was caused by the negligent action of another and could have been avoided. While the victim is not around to hold the responsible parties accountable, the surviving family members can seek justice on their behalf by filing a wrongful death claim.

Understandably, you may want to focus on grieving the loss of your loved one. While nothing can fill the void left, you don’t have to endure the financial challenges and other damages that come with the loss. That’s why, at Kash Legal, we handle all the legal technicalities during these emotionally-draining times. Contact us today to learn more about wrongful death claims and how we can help you through the legal process.

What Is a Wrongful Death Claim?

A wrongful death claim is a personal injury lawsuit brought against an entity or a person whose negligence led to the victim’s death. When someone dies due to someone else’s wrongful act, their surviving family members can pursue a wrongful death claim to receive compensation for the damages. The following elements must be present for the plaintiff to pursue a wrongful death claim:

The death of a person
The death of the person was caused by another’s negligence or with intent to cause harm
The surviving family members suffered monetary damages as a result of the death

Wrongful death can happen in all fatal accidents, including car accidents, truck accidents, workplace accidents, medical malpractice, and construction accidents. While the defendant will not be sentenced to jail if found guilty, they will be held liable for the damages attributed to the incident. Our dedicated wrongful death lawyers are more than willing to help you get started with your claim. Schedule a free consultation to discuss the way forward.

Who Can File a Wrongful Death Lawsuit?

The law limits who can file a wrongful death claim when a person dies after a negligent accident. Only the deceased’s survivors or legal representatives can pursue compensation. Some of the people eligible to file a wrongful death claim include:

Immediate family members such as spouses, children, and parents of unmarried children
Domestic partners
Distant family members, including grandparents and siblings
Anyone financially dependent on the deceased
Grandchildren (if the deceased person’s children are also deceased),
Anyone else entitled to the deceased’s property under California’s laws on intestate succession
Parents of a deceased fetus

If you’re an eligible survivor, it is unfortunate that you lost your loved one at the hands of a negligent party. Our compassionate lawyers are more than willing to fight for you and help you find the closure you need to move forward.

Wrongful Death Lawsuit Statute of Limitations

California’s statute of limitations for pursuing a wrongful death claim is two years. This means you’ll have to file your lawsuit within two years from the date of the person’s death. If the case is not initiated within this period, you may lose your right to file a claim and will not be allowed to pursue compensation for your losses.

With these strict time limits, fighting for our clients is our highest priority. We offer a free initial consultation so that we may start working on your case as soon as possible. Therefore, you’re free to get in touch with our dedicated personal injury lawyers immediately after going through this traumatizing experience.

What Damages Can Be Recovered in a Wrongful Death Claim?

While no amount of money can replace a deceased loved one, receiving compensation can help achieve financial stability. The sudden death of a loved one can leave a void in the family, making them struggle financially and emotionally. Therefore, the bereaved family members can seek compensation for the following economic and non-economic damages:

Funeral and burial expenses
Loss of companionship
Moral support
Loss of aid in caring for children
Medical and health care costs related to the accident
Loss of consortium or spousal companionship
Loss of parental guidance
Lost wages and benefits the deceased would have amassed if they had lived
Lost inheritance that the decedent’s children would have received

In most cases, the plaintiff will seek the damages that the deceased could have pursued had they survived the accident. Our experienced wrongful accident lawyer will review the specific facts in your case and give you an accurate estimation of your damages. Contact us today to receive a free case evaluation from our dedicated lawyers.

Determining Fault in a Wrongful Death Claim

Wrongful death claims can be filed against a wide range of people and entities that directly contributed to the death of a person. Depending on the circumstances leading to the accident, some of the liable parties in a wrongful death claim include:

The driver at fault for the accident
A negligent employer
The manufacturer, distributor, or installer of a faulty part that caused the accident
The premises owner

However, to recover compensation for a loved one’s sudden death, the plaintiff must prove that the defendant’s negligent acts caused the deceased person’s death. The process of establishing liability is almost identical to most other personal injury cases. You’ll have to prove that the defendant owed the deceased a duty of care, breached the responsibility, and caused them fatal injuries, leading to damages to the family after losing their loved one.

Proving these elements of negligence is a complicated process that needs the help of an experienced lawyer. An attorney can help you build a case and collect vital evidence that proves your claim.

Contact a Skilled Wrongful Death Lawyer at Kash Legal

Dealing with the unexpected and untimely death of a big part of your family is an emotionally challenging ordeal. Filing and winning a wrongful death claim can help offset any financial losses and damages that you may be experiencing. Unfortunately, wrongful death claims have strict legal guidelines that must be met before you can receive compensation. That’s why it’s crucial to work with a skilled personal injury lawyer with the knowledge and experience to help your case.

At Kash Legal, we understand the financial and emotional suffering you’re going through. Our compassionate lawyers will carefully handle your case, develop effective strategies and help you maximize your compensation. Get in touch with us by calling (888) 527-4128 or filling out our contact form to get the best legal representation in your wrongful death claim.