California has strict laws in place to protect victims of devastating and traumatic incidents that involve at least one negligent party. The laws governing wrongful deaths establish specific criteria that you have to meet before you and your family receive compensation for the damages you are suffering from. Our wrongful death attorneys in San Diego want to explain in greater detail the rules and procedures that allow you to pursue a wrongful death lawsuit.
What Establishes Liability in a Wrongful Death Case and Who is Eligible to Receive Compensation?
In California, the surviving spouse, partner, children, or minors who were dependents of the victim can pursue a legal action. Heirs (e.g., grandchildren) may also qualify for compensation when a spouse and other dependents are already deceased.
The liability of the guilty party is attributable to many different types of wrongful acts, including medical malpractice, auto accidents, and job-site incidents. No matter your situation, you will have to prove that the guilty party was negligent and responsible for the death of the person.
Related post: 3 Steps to Take When Filing a Wrongful Death Lawsuit
What Kind of Damages Can You Recover?
Damages in wrongful death cases include economic and non-economic losses. These are major financial and emotional setbacks that the victim’s family must reconcile and overcome during their lives. Here is a breakdown of the main differences between economic/non-economic damages and demonstrate how they are quantifiable:
- Financial support that dependents and heirs would have received from the deceased
- Loss of household services and amenities
- Funeral and burial expenses
- Loss of benefits or offerings that heirs would have received
- Loss of companionship, emotional support, affection, and comfort
- Sudden and significant lack of intimate relations
- Loss of moral, spiritual, and professional guidance
Exemptions from Wrongful Death Lawsuits
There are certain circumstances that will disqualify heirs from pursuing legal action whether they partner with a personal injury attorney in San Diego or not. For example, California does not recognize unborn children as living persons able to be compensated by wrongful death.
Now, to answer your final question: Can You Pursue a Wrongful Death Lawsuit in California?
The answer to this question is that it depends greatly on the circumstances of your case. The best thing that you can do is hire an experienced wrongful death attorney to review your case and help you determine if you are legally entitled to compensation for damages caused by the irresponsible death of a loved one.
Schedule an Appointment Today with a Wrongful Death Attorney
The personal injury attorneys here at HHJ Trial Attorneys have plenty of experience when it comes to litigating wrongful death lawsuits. We can offer you the services that you need to obtain the compensation that you deserve. We serve a wide range of clients throughout San Diego, and we are always seeking to expand our outreach throughout the surrounding regions.
Testimonial from Amber, Satisfied Personal Injury Client
Last year I was in a car accident and ended up with ongoing neck pain. I was extremely intimidated at the prospect of finding a lawyer to assist me in getting the cost of medical care covered. I assumed it would be a confusing, and complicated process so I almost didn’t reach out when I was referred to Elliott Jung. I was pleasantly surprised throughout the process; he made it all very simple and clear. He met me where I work to sign necessary paperwork, was available for all of my questions, and answered quickly. The best surprise was that I ended up getting much more in the settlement than I expected. I am very grateful for the work Elliott did for me.