Filing a Wrongful Death Claim When a Family Member Dies
When an Elk Grove family member is lost to a wrongful death caused by negligence, it isn’t natural. The death was unnecessary, usually sudden and always a tragedy. It leaves the members of the family trying to recover from overwhelming grief and, in many cases, struggling to pay bills. However, the family members may be able to place a claim for compensation for their loss with the assistance of an experienced wrongful death lawyer. Although it will not help to ease the grief, it can help bring closure by punishing the wrongdoer and peace of mind that the family finances will not suffer.
Family Members Filing for Wrongful Death
Members of a family can place a claim for wrongful death. However, the lawsuit is filed jointly and not by individual members, and only one action for wrongful death is allowed. If there are family members who choose not to file, they cannot come back later and place a claim. Family members are those listed below:
- Spouse or putative spouse
- Dependent children, which includes stepchildren or those who are adopted as long as the decedent provided at least half their support
- Dependent parents if they are living in the home and obtained at least half their support from the decedent
- Grandchildren, if they are members of the family and supported by the deceased person
How an Award Is Divided
Everyone in the family who is listed in the claim is entitled to a portion of the award or settlement. So how is it decided? There are two options available. The family can reach a peaceful agreement on who gets what amount, or they can agree to disagree, and the court will end up making that decision. However, unlike some other states, the family members are allowed to decide under California Code of Civil Procedure 377.60. If it looks as though deciding how the money is to be shared isn’t possible, using a mediator may be helpful. It can save court expenses and time as well as giving each person the ability to share their concerns and needs. A mediator, who is a neutral party, can be effective in helping the family reach a decision.
How a Wrongful Death Lawyer in Elk Grove Can Help
A seasoned wrongful death attorney in Elk Grove can be invaluable in helping a family not only file a claim but in other aspects. The following considerations may be taken into account when deciding on the disbursement of funds following a wrongful death award:
- What the financial needs are of the claimants
- What type of losses in the future the claimants face
- Each claimant’s amount of pain and suffering
- The expenses faced by a claimant that have not been reimbursed
When the Court Is Placed in Charge
If the family cannot decide how to disperse the money, a judge may make that decision for them. In some cases, if the decedent carried life insurance, the allocation of funds to beneficiaries may be used to decide who gets what by distributing it proportionately. Because the family members will face court costs, it may be a better idea to decide among themselves or use a mediator to allot funds.
Who Can File for Wrongful Death
Since only one action for wrongful death can be filed in California, family members who are qualified should join in if they want compensation. Some of the areas in which the family can receive compensation include:
- Burial and funeral costs
- Medical costs
- Loss of financial support in the future
- Loss of household support and services
- Loss of love, help and guidance for minors in the family
- Loss of consortium, society, love and companionship
Wrongful Death Lawyer in Elk Grove
I’m Ed Smith, a wrongful death lawyer in Elk Grove. When your family has lost a loved one due to a wrongful death, nothing can replace that loss. However, obtaining compensation may help reduce the financial burden. Phone me at 916-694-0002 or 800-404-5400 for my free and friendly advice. I can be messaged online also.
I am honored to have helped Elk Grove residents in obtaining fair compensation for their injuries and losses caused by negligence since 1982. In addition to wrongful deaths, I handle all types of traffic accidents, government claims, and traumatic injuries.
Two groups I am especially proud to belong to are:
Read client comments and reviews and cases my firm handled at:
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