Losing a loved one is immensely painful and tragic. It becomes especially devastating if the demise of your loved one is a result of someone else mistake or negligence. According to the National Centre for Health Statistics, in the United States, an individual is killed every 11 minutes. The reasons can weary from road accidents, elderly abuse, child negligence, workplace injuries, fall deaths, medical malpractice or negligence and so on. In California, wrongful death claims have increased by 5% in the last year.This is a huge issue that needs to be addressed by our government and law enforcement agencies.
What is a Wrongful Death Claim?
Wrongful death claims are filed when a person dies as a result of someone else’s negligence. In California, the statute of limitations for wrongful death claims is two years. The plaintiff must be able to provide evidence that the defendant was responsible for the death and that they acted negligently.
Wrongful death claims are filed when the victim’s family wants to hold someone accountable for their loved one’s death, and can be brought by either the victim’s spouse, children, parents or other relatives.
In California, there is a wrongful death statute that provides for a wrongful death claim.
Wrongful Death Statue and Wrongful Death Settlements
Wrongful death statue California is a state law that is meant to provide compensation to the survivors of individuals who die as a result of someone else’s negligence. The statute also provides for the payment of funeral and burial expenses and any other damages that may be incurred as a result of the wrongful death.
The statute is designed to provide financial support for the surviving spouse, dependent children, or dependent parents. It also allows for compensation to be awarded if there are no survivors or if there are only one parent left alive.
Furthermore, wrongful death claims settlement statistics for California are available to help you better understand the process. You can also use them to calculate your claim. For example, if the victim’s life expectancy was 15 years and their last wage was $15 an hour, then the wrongful death settlement would be $225,000. If they were earning $200,000 annually and had a life expectancy of 20 years, then the wrongful death settlement would be $1.25 million.
What to do in case of the wrongful death of your loved one?
A wrongful death claim can be applied by the personal representative (the legal guardians) of the deceased person’s estate or by a person who was dependent on the deceased for financial support. The cause of action is based on a theory of negligence or intentional misconduct and must be filed within two years from the date of death.
In most cases, damages are limited to economic losses such as past and future lost earnings, medical expenses incurred before death, funeral expenses and loss of expected future income. Non-economic damages such as pain and suffering are not recoverable in these cases.
As wrongful death occurs when someone dies due to another person’s negligence or wrongdoing. The victim’s family might be entitled to compensation for their loss. To request compensation, they need to file a wrongful death claim with the court. A personal attorney can help with this process by providing legal advice and representation during the trial.
A personal attorney can help in the case of a wrongful death claim by providing legal advice and representation. Wrongful death claims are especially complicated. The claimants are required to bear the burden of proof, which includes:
- a) Proof of negligence
- b) Breach of Duty
- c) Causation
- d) Prove suffering and damages.
All the steps are crucial, failing to follow through either of them can prove detrimental to the case, the settlement or even the success of the case.It is advisable to consult an attorney as they are bound to have better understanding of the requirements.
Contact an Experienced Personal Injury Attorney Orange County, California.
Contact Garcia & Phan Lawyers. We understand California accident laws and the complexities of Personal Injuries and Wrongful deaths.
Call (714)-586-8298 for a no-cost evaluation