What Do You Need To Prove in a Wrongful Death Lawsuit?
To successfully bring a wrongful death cause of action in California, the plaintiff typically must show the following:
1) The death of a human being;
2) Caused by another’s negligence, or with intent to cause harm;
3) The survival of family members who are suffering monetary injury as a result of the death, and;
4) The appointment of a personal representative for the decedent’s estate.
Wrongful Death Lawsuit Due To Negligence
If someone dies due to the negligence or misconduct of someone else, the survivors or the decedent’s estate may file a lawsuit for “wrongful death”. A wrongful death claim is one when a person dies due to the legal fault of another person. The at fault party in wrongful death claims can be a driver at fault in a car accident, motorcycle-auto accident, or a medical professional that misdiagnosed or acted in a negligent manner that caused the death of another.
Who Can Sue For Wrongful Death in California?
Wrongful death lawsuits is generally brought by the personal representative of the decedent’s estate, and may include a surviving spouse, children, or immediate family members. There are
Wrongful Death Damages
In a California wrongful death lawsuit, the estate generally seeks compensation for the survivors’ loss, such as financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff, loss of companionship, and funeral and burial expenses. The damages in wrongful death lawsuits are measured by “pecuniary and/or financial losses”. Courts have interpreted “pecuniary injuries” as including the loss of support, services, medical and funeral expenses. Finally, a damage award may also include interest from the date of the decedent’s death.
Moreover, the estate of the decedent may also seek non-economic damages including loss of decedent’s love, companionship, loss of support, comfort, care, assistance, protection, affection, loss of the enjoyment of sexual relations, loss of decedent’s training, and guidance.
Wrongful Death Lawyer in Glendale, CA Near Los Angeles
We invite you to contact our Glendale personal injury attorney today for a free consultation and case review. Kaass Law has successfully represented victims in California wrongful death lawsuits. Call us at (310) 943-1171, 24 hours a day, 7 days a week for a free consultation tailored to the specifics of your case, our attorneys speak English, French, Spanish, Russian, Armenian, and Italian.
This content is intended for educational purposes only. KAASS LAW is authorized to practice law in California. The above content is intended for California residents only. This content provides only general information, which may or may not reflect current legal developments. KAASS LAW expressly disclaims all liability in respect to actions taken or not taken based on any of the contents of this website. The above content DOES NOT create an attorney-client relationship. KAASS LAW does not represent you unless you have expressly retained KAASS LAW in person at the KAASS LAW office.
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