Representing the Rights of Family Members Who Have Lost Loved Ones
Accepting the death of a loved one is difficult enough, regardless of the circumstances. Doing so becomes even more difficult when a loved one’s untimely death is brought about by another person’s carelessness, recklessness, negligence, or otherwise wrongful conduct. Moreover, these types of deaths are very often unexpected, and surviving loved ones often have no idea where to turn or what to do next.
If your loved one has died in an incident that was caused by someone else’s actions, the experienced legal team at Shah Law Group is here to help. Our compassionate team of attorneys can assist you with all of the legal aspects of your wrongful death claim, ensuring that it will be brought to the most favorable resolution possible. Call us today to find out more about how we can assist you with filing your wrongful death claim.
Filing a Wrongful Death Claim in California
There are a number of individuals who may be able to file a claim or lawsuit for wrongful death in California. In most cases, the individuals who file a wrongful death claim or lawsuit are the surviving spouse, children, or grandchildren of the loved one who passed away. In some instances, a domestic partner may also be able to bring a wrongful death claim or lawsuit against the negligent individual or entity. If none of these parties are available to bring a claim, you may be able to do so if you could have inherited from the decedent under California’s laws of intestate succession.
Elements of a Wrongful Death Claim
All wrongful death cases are different, and the details often vary from case to case. However, in every California wrongful death case, there are certain legal elements that a claimant must prove. These elements include the following:
- The loved one’s death must have been the direct result of someone else’s wrongful action, inaction, or negligence. For example, if a truck driver engages in reckless or negligent driving and collides with another motor vehicle, killing the driver, then the truck driver and/or the trucking company may be possible defendants in a wrongful death claim or lawsuit.
- The negligent individual’s action or inaction must have proximately caused damages. These damages can be both economic and non-economic in nature. Economic damages may include payment of the decedent’s medical bills following the accident, lost earnings, and funeral expenses. Non-economic damages may include loss of companionship of the deceased loved one and loss of the care, comfort, affection, love, and moral support given by the decedent to his or her family members.
Contact us Today about Your California Personal Injury or Employment Matter
Please feel free to contact any of our attorneys about your legal matter at any time. We can be reached by telephone at (714) 982-3SLG (3754), or you can contact us online for more information about how we can assist you with your Personal Injury or Employment law matter.