Receiving a call that your loved one has passed away due to the negligence of another person is devastating. When this happens, not only can you endure extreme emotional distress as a result of their wrongful death, but you may also experience financial hardship. Though it can be challenging to think about while mourning, you may be able to file a claim against the negligent party for the actions that caused the death of your loved one. If you are unsure how to proceed, the following blog explores what you must know about these matters and why it is critical to connect with our Irvine wrongful death lawyers who can assist you through this process.
When someone dies due to the negligence of another party, their loved ones can file a lawsuit on their behalf to hold the person liable for the death of the victim.
If the person responsible for the death of your loved one was negligent, grossly negligent, reckless, or perpetuated an intentionally wrongful action, they may face liability. Common causes of wrongful death include, but are not limited to, the following:
In most wrongful death cases, the right to file is reserved for immediate family members. If the victim was married at the time of their death, their spouse has the primary right to pursue a claim against the negligent party. If the party has no surviving spouse, their children can file a suit, followed by any minors the victim claims as dependents. However, if there are no children, the victim’s parents, if financially dependent, can file a claim. However, if the victim is a minor, the parents become the primary filers.
Even if someone has been cleared of any criminal charges related to the death of your loved one, you may still be able to pursue a civil lawsuit against them.
In addition, you only have two years from the date of their death to file a claim. Due to how complex this matter can be, it is in your best interest to connect with an attorney as soon as possible if you wish to file a claim against the negligent party.
When filing a claim, you can pursue economic damages, which compensate you for matters like funeral expenses, the financial support contributed by the deceased, and any medical bills the victim incurred before their passing as a result of the accident. You can also seek non-economic damages, which include emotional damages like loss of enjoyment of life.
Trying to navigate a wrongful death claim while mourning and grieving the life of your loved one can be incredibly challenging. However, California Personal Injury Law Firm, APC, is here to help. We understand how complicated these matters can be, which is why we are committed to fighting for you. Contact us today to learn how we may be able to assist you.
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