What Is Wrongful Death?

wrongful death

The death of a loved one is painful, especially when somebody is liable for the unfortunate event.

In this situation, filing a wrongful death claim is your best option. It helps make the at-fault party liable for the death of your loved one while claiming compensation.

However, you may wonder what wrongful death is?

What are the factors to remember when filing such a case in California?

Wrongful Death Claim in California

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Wrongful death happens when a person or an entity causes the demise of a person. It could result from intentional harm or fatal accidents because of negligence.

For example, a driver dies in a car collision because of another driver’s negligence. Another example is an employer making a worker use faulty equipment, leading to a fatal accident.

The bereaved family can file a wrongful death lawsuit to make the at-fault party liable. This personal injury claim seeks to penalize the at-fault party while rewarding rightful compensation to the bereaved.

Who Can File a Wrongful Death Claim

You must satisfy any of these conditions to become eligible to file a wrongful death claim:

  • You must be the spouse, domestic partner, child, adopted child, or stepchild of the deceased. And you can also be the parent who is financially dependent on the person who has died.
  • In the absence of the above family members, intestate succession takes effect where you can file a claim if you’re the rightful inheritor.
  • You can also, file a claim if you’re the punitive spouse of the deceased or children of the punitive spouse.
  • You’re a minor who had lived with the deceased for at least 180 days before they have died.

Compensation or Settlement from a Wrongful Death Claim

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You must receive compensation from the at-fault party if you’re eligible to file a wrongful death claim. The compensation covers your expenses and the grief and loss you experienced because of a loved one’s wrongful death.

Here are the compensation and settlement you must receive:

  1. Funeral and burial costs
  2. Lost financial support. It includes the potential financial support the person would have provided if they hadn’t died.
  3. Loss of companionship and consortium. You cannot claim pain and suffering settlement from the injuries that your loved one has experienced. However, you can claim compensation for the emotional impact of losing a loved one.
  4. Value of services that the deceased would have potentially contributed to the household.
  5. Lost moral support.

Now, you’re probably wondering how much you deserve to receive as compensation for a wrongful death claim. The court will consider these few factors for determining a reasonable settlement:

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  • Extensive details about the accident and eventual death of your loved one
  • Age of the deceased
  • The number of minor children the deceased had at death, and their exact ages
  • Percentage of financial support the spouse depends upon from the deceased
  • The deceased’s involvement in community activities

These factors can increase or decrease the compensation that you deserve from a wrongful death claim.

For example, the bereaved family of a young adult person with two or more kids would receive a higher settlement. However, the court will decrease the amount of the deceased is 60% at fault for the accident.

Contact a Personal Injury Attorney in Burbank to File a Wrongful Death Claim

It’s hard to lose a loved one because of the misdeed or negligence of another person. The emotional crisis you’re going through is devastating, and the financial worries quickly add to the problems.

That’s why you must hire the best Burbank personal injury lawyer to help you file a wrongful death claim. They will help make the at-fault party liable and get the compensation you deserve.

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