When your loved one passes away in an accident, you have many different concerns on your mind. Beyond worrying about how you will continue to exist without your family member’s presence and financial support, you might also be concerned with justice. This means that the responsible party pays for the suffering that they caused both you and your loved one. Learn about your legal options from a Riverside wrongful death attorney.
How to Recover Financially When Your Loved One Has Died
A wrongful death lawsuit could pay you and your family a number of different damages when someone else is responsible for your loved one’s death. Not only must they pay for what your loved one experienced before their death, but they must also compensate for what your family member would have contributed.
You would file two separate legal cases to recover these damages. The first type of case is called a survival action, the second type of lawsuit is called a wrongful death case. People often confuse the two. At The JLF Firm, we could help you with both types of lawsuits.
In a survival case, the estate would file a lawsuit for the damages that the deceased could have claimed had they lived. It pays for damages incurred right up to the time of death. In a wrongful death case, the family sues for what they have lost, including things such as the lost wages and support that the deceased would have provided.
When Do Families Have Wrongful Death Cases?
Before you could even discuss compensation, you must prove that the other party was negligent. This means that they owed your loved one a duty of care and acted unreasonably in a way that caused your loved one’s death. Wrongful death cases would arise in a number of contexts, including:
- Car accidents
- Truck accidents
- Pedestrian accidents
- Motorcycle accidents
- Slip and fall cases
Anytime someone else causes your family member to die, you may have a possible claim.
First, you must figure out the rules of a lawful death claim and who may file a lawsuit. In California, only certain people may file a wrongful death lawsuit. They include:
- The surviving spouse
- A domestic partner
- Biological or adopted children
- Financially dependent parents
Even if none of these people exist after a wrongful death, anyone who would have been entitled to inherit the deceased’s property under succession laws could file a lawsuit. If you are filing a claim, your attorney would tell you who must also be named as a plaintiff in your case. Given the complex rules, it is vital to get legal counsel before you file a lawsuit to make sure that it is done correctly.
Experienced Riverside Wrongful Death Lawyers
Since there is a limited amount of time to file a wrongful death claim in California, you should begin the legal process now. Contact the Riverside personal injury attorneys at The JLF Firm online or call us at (951) 476-2373 to schedule your no-risk initial consultation. Speaking with a lawyer should give you the peace of mind to know that something is being done to get justice for your loved one.
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