Losing a loved one is painful. When a loved one dies due to someone else’s error or carelessness, it’s worse. In the U.S., someone dies every 11 minutes, according to the CDC. Some of the reasons are car accidents, abuse of the elderly, carelessness with children, work-related injuries, and deaths from falls, medical malpractice or negligence, etc. In California, the number of claims for wrongful death has gone up by 5% in the last year. It is a big issue that our government and law enforcement must deal with.
What is a Wrongful Death Claim?
- Wrongful death claims get made when someone dies because of someone else’s carelessness.
- In California, you have two years from the date of the death to file a lawsuit for wrongful death.
- The plaintiff must prove that the defendant was careless and caused the death through their actions.
- When the victim’s spouse, children, parents, or other relatives want to hold someone responsible for their loved one’s death, they can file a wrongful death lawsuit.
- In California, you can file a lawsuit for wrongful death because of the state’s wrongful death law.
Wrongful Death Settlements and the Statue of Wrongful Death
Wrongful Death Statute
California has passed a law to help the families of people who died because of someone else’s carelessness get money. The act also says that the funeral and burial costs and any other losses caused by the death must get taken care of.
The law is to help the surviving spouse, children, or parents who need help with money. It also lets people get money if there are no survivors or only one parent is still alive.
Also, you can find settlement statistics for wrongful death claims in California to help you understand the process. Using them can also figure out how much your claim is worth. For example, if the person’s life expectancy was 15 years and their last hourly wage was $15, the wrongful death settlement would be $225,000. If they made $200,000 a year and were expected to live for 20 years, the payment for wrongful death would be $1.25 million.
What should you do if an accident wrongfully kills your loved one?
A wrongful death claim can be made by the estate’s representative (legal guardian) or by someone financially dependent on the person who died. The lawsuit must get filed within two years of death based on the idea that the death gets caused by carelessness or intentional wrongdoing.
Most of the time, damages are limited to monetary losses like past and future lost wages, medical bills paid before death, funeral costs, and loss of expected future income. In many cases, you can’t get money for damages unrelated to money, like pain and suffering.
It gets called wrongful death when someone dies because of someone else’s carelessness or wrongdoing.
The victim’s family may be able to get money for what happened. They have to go to court and file a wrongful death suit to earn money. A personal injury lawyer can help with this process by giving legal advice and representing you in court.
How Can A Wrongful Death Attorney Help You?
A Personal Injury Attorney can help with a wrongful death claim by giving legal advice and counsel. Suing for wrongful death is very hard. The onus of proof is on the claimants, who must do the following:
a) Prove negligence
b) Prove breach of duty
c) Prove cause and effect
d) Prove pain and damages
All of the steps are important, and not doing any of them could put the lawsuit, the settlement, or even the case’s success at risk.
It is best to talk to a Wrongful Death Attorney because they are more likely to understand the criteria.
Get in touch with a skilled Los Angeles, California, workers’ compensation lawyer.
You can ask for help from Garcia and Phan Attorneys. We know the laws about accidents in California and how complicated Personal Injury and wrongful death cases can be. So call now at (714) 586-8298 to talk to with your attorney for free.
