If your loved one’s demise occurred due to the negligence of a person, government entity, or a faulty product, you can file a wrongful death claim. It will let you secure compensation for demise. There are still two factors which should be present in your case to pursue the claim.
- A person who is closely related to you (a parent, spouse, child, guardian etc.) must have sustained injuries that contributed to their demise.
- Injuries to them must have been induced, at least to some extent though not fully, by another party’s negligence.
That party could be an individual or a legal entity, but negligence is always a key factor.
What Could Legally Amount to Negligence?
Negligence is anything but the failure to take reasonable care or measures to keep yourself and other people from harm. In a wrongful death claim, it could be something elementary, such as a driver of an automobile failing to yield right of way to one in a crosswalk, or something complicated such as a mechanic inappropriately repairing brake that later fails.
When the above-mentioned conditions are met, one likely has grounds to take legal action against the at-fault party.
What is the Real Cost of Death?
A claim encompasses a range of intangible and concrete factors related to the loss of one’s family member. While it may appear impossible to put a price on the life of a human being, the legal process allows for compensation for an array of losses. These are and can be provided for the loss of the following.
- Love and affection
- Direct financial support
- Physical support
Under California law, you can seek damages related to these for the victim’s life expectancy.
Which Party Can File a Wrongful Death Claim?
It is not just a spouse who can file such a claim. Indeed, just about any close relative of the deceased, who got the emotional and financial care and support from him or her, can seek compensation amount for that loss. Those parties include the following.
- Surviving spouse
- Domestic partner
- Legal dependents
- Siblings, parents or stepchildren of the deceased.
For instance, if you have lost your child in an automobile accident (whether you are the father or mother, or legal guardian), then you could sue guilty parties for compensation, in order to help mitigate the financial burden you have incurred for medical and funeral purposes.