Wrongful Death Accident Claim
Wrongful Death Accident Claim – A wrongful death accident claim is a civil action against an individual or entity when a loved one has been killed through negligence or an intentional act. Had the individual lived, he or she would have been able to claim a personal injury for damages. Only certain individuals are able to file for wrongful death, and the recoverable damages are specific. Learn more about how a wrongful death accident lawsuit works and who can recover compensation.
A Wrongful Death Accident Claim Has to Be Proved
In filing for a wrongful death claim, the same proof that has to be offered in a personal injury case must be met:
- It must be shown that a person or entity that was negligent owed a duty of care to others. For example, some forms of negligence by a driver include driving while intoxicated, speeding and running through a red light.
- The person or entity failed in that duty.
- The failure of that duty directly resulted in the death of a family member.
- The plaintiff(s) making the claim for damages suffered a loss because of their loved one’s death.
Filing a Wrongful Death Accident Claim
Under the California Code of Civil Procedure 377.60, the following persons can file a wrongful death accident claim:
- The spouse or domestic partner of the decedent.
- Children of the decedent.
- In the event the children of the decedent have passed on, their children may file.
- Minors who are living in the household and being supported by at least 50 percent by the decedent and who have lived there 180 days.
- Parents living in the home who are supported at least 50 percent.
- The personal representative of the decedent on behalf of the estate or family members.
Recoverable Losses in a Wrongful Death Accident Claim
The following damages in a wrongful death accident lawsuit may be recoverable:
- Burial and funeral expenses.
- Medical expenses that were incurred if the decedent lived for a time, which can be claimed through a survival action. This can include hospitalization, physicians’ bills, ambulance services, etc.
- Pain and suffering through a survival action if the decedent lived for a time before dying.
- Loss of inheritance because the decedent will no longer be contributing to savings designated for this purpose.
- Loss of the income the decedent provided, which is calculated depending on the position held by the deceased relative, age, schooling, and other factors.
- The financial loss of the personal services provided by the decedent, which can include tax preparation, taking care of the car, garden and lawn, childcare, cleaning, and other areas.
- Loss of consortium, which is the personal relationship between the individual and their spouse or domestic partner.
- Loss of companionship, guidance, care, and protection for the members of the family, including the children.
- Loss of pension benefits, insurance, IRA contributions and other monies the decedent expended for the benefit of the family.
North Highlands Wrongful Death Lawyers
I’m Ed Smith, a North Highlands wrongful death lawyer. Losing a loved one is tragic, but that loss is compounded when the death was caused by a negligent driver or entity. If you have lost a loved one, I can offer you free and friendly advice. Please give me a call at (916) 921-6400 or (800) 404-5400 if you are outside the area code. You are also welcome to use our handy online contact page if you prefer.
Million Dollar Forum is a group I belong to that is composed of some of the top trial lawyers in the nation. This forum is restricted to those lawyers who have won a settlement or verdict of more than $1 million for a client.
It can be difficult to decide who to call when you need legal help for a personal injury, however, information about a law firm can help. You are welcome to look over reviews left by some of my prior clients and peers along with cases that we have handled at the following pages:
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