Can Our Family File A Wrongful Death Suit?
Filing a wrongful death claim is complex. You may have the right to file a wrongful death suit if your loved one has died because of another person’s or business’s negligence. There must be proof of negligence, recklessness, intentional misconduct or failure to act. Wrongful death claims can compensate surviving loved ones for losses they have suffered as a result of the death.
In California, family members eligible to file wrongful death claims include:
- A surviving spouse
- Domestic partner
- Minor children including dependent stepchildren
- Other dependent residing in the home at the time of death
- Grandchildren of deceased children
- Parents dependent on the deceased
When there are none of these surviving family members, other individuals may also be able to file a wrongful death claim. These include:
- Children of deceased siblings
- Children of a deceased spouse
Have you recently lost a loved one? Are you unsure about filing a wrongful death lawsuit? Contact Willoughby Law Firm, Inc., for a free case evaluation.
A Wrongful Death Claim May Not Be Appropriate In Every Accident
If there are no losses, there is nothing to pay for, and therefore, there would be no claim. However, family members may have a right to pursue monetary compensation for financial and emotional injuries such as:
- Medical, funeral and burial expenses
- Loss of the decedent’s future earnings
- Loss of the decedent’s benefits, health insurance, household services
- Loss of companionship, including loss of enjoyment of sexual relations
- Loss of care, moral support, protection and society
- Punitive damages to penalize the negligent party in rare cases of intentional or gross negligence
Fair value for these losses can be subjective, but no less critical to your family as you come to terms with the unbearable emotional loss of your loved one. Markus Willoughby will explain what is available to your loved one’s estate and what is available to surviving family members.
Let Us Help Determine The Best Course Of Action
Serious wrongdoing can be challenging to prove without the help of an experienced personal injury attorney. When you suffer the sudden loss of your loved one, it can be difficult to consider filing an insurance claim or lawsuit. The decision to move ahead with a wrongful death claim may be the most practical way to hold the negligent party responsible and to receive the financial support you need.
Speak with an attorney who has proven experience in the courtroom. Mr. Willoughby will explain your rights. He will help you understand your legal options so you can make informed decisions. Call Willoughby Law Firm at 415-870-2778, or email the firm to schedule a free case evaluation.