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Wrongful Death Attorneys in California

When a loved one unexpectedly passes because of another person’s negligent behavior, the emotional trauma can be much more difficult to bear. This is often categorized as a wrongful death. Very often,wrongful deaths can be prevented if proper action and care had been taken. The healing process following the wrongful death of a loved one is often made much more difficult by the financial hardships that follow.

Wrongful Death attorneys are experts in the laws and regulations for personal injury, and they can help you with filing a claim for the loss of your loved one and taking the right steps to ensure that you receive the compensation that you deserve. Contact Coastline Law Firm for a FREE consultation now.

Who can File a Wrongful Death Claim in California?

A wrongful death claim is filed to seek damages for the death of your loved ones caused by the negligence of another party in anc accident. This means that generally speaking,a family member or spouse must file the wrongful death claim. Nevertheless, the California Code of Civil Procedure 337.60 and CACI 3921 provide the specific details on who can file and what might be claimed as damages.

  • Spouses are entitled to file a wrongful death claim so they can receive compensation for their spouse’s future earnings and their loss of consortium. Consortium is the right to have the companionship of your husband or wife. Please note that emotional distress is not often included in a wrongful death claim.
  • Domestic partners are able to file wrongful death claims to seek compensation just as a spouse.
  • Children who are minors at the time of death are able to file a wrongful death claim to receive compensation for loss of future financial help and loss of parental guidance.
  • Parents of wrongful death victims are able to file wrongful death claims on behalf of their child who is a minor or an adult.
  • If there is no surviving person in the deceased person’s line of descent, a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession”; which can include the deceased person’s parents, or the deceased person’s siblings, depending on whether they live at the time of the deceased person’s death.

In addition, the following people can also bring a wrongful death lawsuit in California if they can show they were financially dependent on the deceased:

  • the decedent’s “putative spouse” (someone who had a good faith but mistaken belief that they were in a lawful marriage with the deceased)
  • children of the decedent’s putative spouse
  • the deceased person’s stepchildren
  • the deceased person’s parents, and
  • the legal guardians of the decedent, if the parents are deceased.

 

The damages that these individuals can receive may be for economic damages, such as:

  • Funeral expenses
  • Medical expenses associated with the victim’s illness/injury
  • Financial support/lost wages
  • The reasonable value of household services
  • Loss of gifts and benefits

Non-economic damages may be recovered for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, etc.

How to choose the right personal injury attorney for your wrongful death claim

When choosing a wrongful death attorney in California, it is important to do your research and choose someone who has experience and expertise in this area of law. Look for an attorney who has a track record of success in handling wrongful death cases, and who has a good reputation within the legal community, and understands your pain and suffering yet wants to assist with your case with a clear head.

It is also important to choose an attorney who is responsive and communicative. You want someone who will keep you informed throughout the process and who will be available to answer any questions that you may have.

Finally, it is important to consider the cost of hiring a wrongful death attorney. Most attorneys work on a contingency basis, which means that they only get paid if you win your case. This can be a great option for people who cannot afford to pay upfront legal fees.

Contact Coastline Law Firm now for a FREE consultation!

The death of a loved one is extremely hard to bear, and you may need proper guidance on how to proceed. A California personal injury attorney can help with your Wrongful Death case by investigating the circumstances surrounding the death of your loved one, gathering evidence to support your claim, negotiating with the negligent parties and insurance companies on your behalf, and representing you in court if necessary. They can also advise you on your legal options and help you understand your rights.

Contact Coastline Law Firm today to learn more about filing your Wrongful Death claim and schedule a FREE consultation now.