Wrongful death cases are very complex, in terms of recovering a compensation amount and determining how it is divided among the concerned family members. As the relative of the one who passed away due to someone else’s negligent act, you may be entitled to compensation. Under the wrongful death statute of California, select people can seek it from the at-fault party.
Eligible Parties
Not everyone who bears a close or familiar relationship with the deceased person can bring a wrongful death claim. California’s law is specific about stating the ones who can seek compensation, and they can include the following parties.
- The representative of the deceased person’s estate, or their successor in interest, for the deceased, as to certain compensation for damages.
- The demised one’s living domestic partner or spouse;
- The deceased’s kids;
- In some cases, people who would get a cut of their estate if they passed away with no will; and,
- In some circumstances, other family members who were financially dependent on the demised.
Compensation Available for Those Who Have Standing
In this context, the term “standing” refers to a position from where they may enforce their legal rights to compensation. Distinct modes of compensation are available for them.
- The deceased’s estate may be eligible to compensation amount for certain losses, like medical bills incurred before their demise;
- Surviving family may have the right to compensation for both non-monetary and monetary losses.
California authorizes the court to issue proceeds among the eligible members, in the event they fail to arrive at an agreement, fairly and justly.
Reaching an agreement with others in the family would be ideal for people who have standing; the court will decide if there is no compromise. So, a claimant may face two difficult issues: fighting to get what they deserve, and facing resistance from their own family over compensation amounts obtained.
Talk To a Lawyer Regarding Your Wrongful Death Claim
To know more about how the amounts, is split among the family members, contact a law office or experienced attorneys in your area. They will not just fight on behalf of your rights against the one to blame for your family member’s demise, but will also protect your legal interests when they relate to a distribution of the recovered money among eligible people. You can learn more here.