Losing a loved one is never easy—especially when the cause of death was the result of another person’s negligence or mistake. A wrongful death lawsuit can be made when charges are filed against the individual(s) or public agencies responsible for the death of another person due to a wrongful act. Wrongful death claims are considered a civil lawsuit which is presented to a court directly by the survivors of the deceased person. Through a wrongful death lawsuit, the decadent’s survivors can seek justice by holding the party that caused their loved one’s death financially responsible for their actions.
If you have lost a loved one due to another person’s negligence, you may be entitled to wrongful death damages under the law. It is important that you call the Levinson Law Group right away to start building your case, since wrongful death cases must be filed within two years of the date of the decedent’s death, according to the statute of limitations in California.
Call the Levinson Law Group today at 866-643-HURT (4878) for a free consultation with Carlsbad wrongful death attorney Gordon Levinson to determine whether your loss is a case of wrongful death.
There are multiple circumstances in which a wrongful death lawsuit can arise, such as:
- Slip and fall
- Vehicle accidents, truck accidents, or motorcycle accidents
- Bus collisions
- Nursing home abuse
- Work-related incidents
- Pharmaceutical malpractice
- Dog bite attacks
- Defective products
Wrongful Death Damages
The amount of compensation for a rightful claimant(s) of a deceased person in a typical wrongful death case is determined by many factors, which may include:
- Pain and suffering for the survivors
- Immediate expenses associated with the victim’s death (medical and funeral costs)
- Loss of victim’s anticipated earnings in the future (until retirement or death)
- Loss of benefits due to the victim’s death (pension, medical coverage)
- Loss of inheritance caused by the victim’s death
- Loss of companionship, care, advice, and protection for the survivors
Who Can File a Wrongful Death Claim in California?
According to the California Code of Civil Procedure, not every person is eligible to file a wrongful death lawsuit. The current statute of limitations specifies only the following rightful claimants can establish a wrongful death claim:
- Deceased person’s spouse and/or children
- Deceased person’s domestic partner
- Deceased person’s parents, siblings, or children of deceased siblings
- Deceased person’s grandparents or lineal descendants
- Financial dependents at the time of death
In the case that there are multiple eligible surviving family members involved in the same wrongful death claim, the damages must first be awarded, then divided between all claimants. During a California wrongful death case, a simple lump sum for money damages is awarded to a group of plaintiffs, and it is the responsibility of the group to decide how to divide the award. If an agreement cannot be reached by all claimants, they may have to reach a judgment in court.
Proving your Wrongful Death Case
A plaintiff must be able to prove both liability and damages in a wrongful death case in California. Our Carlsbad wrongful death attorneys employ various experts, such as doctors, nurses, counselors and other professionals, to ensure that our wrongful death claims are properly documented to achieve the highest financial recovery possible.
If you believe your loved one has died in a wrongful death incident as a result of another person’s negligence, we can help you seek financial compensation from the responsible parties and their insurance companies. Call the Carlsbad wrongful death attorney Gordon Levinson at 866-643-HURT (4878) to schedule your free consultation today.