What is wrongful death?
The loss of a loved one can take a huge emotional toll on someone. To lose someone due to another individual’s actions makes coping that much more difficult. Wrongful death is a specific kind of personal injury case. This case involves a deceased one’s representative of the estate suing someone for someone else’s negligence or intentional harm that caused the deceased’s death. While there are many ways in which a wrongful death case may come about, some common examples are medical malpractice and car accident fatalities. A doctor is liable if they failed to diagnose a patient or they were careless in their care. If a driver’s negligence caused the death of someone else, then the driver is liable for that person’s death. If you feel as if you have a wrongful death case, Eldessouky Law will help you fight for the rights of your deceased family member. We understand lawsuits do not bring people back to life, but they can help in remedying other losses you may have experienced and bring justice to those who have done wrong.
Who can claim wrongful death on someone’s behalf?
A wrongful death claim is most commonly filed by a representative of the estate of the victim. Every state allows for a spouse to file a wrongful death claim. In California, you do not have to be an adult to file a wrongful death claim. Specifically, California Code of Civil Procedure 377.60 states that any of the following can sue on behalf of the deceased:
- Surviving spouse
- Domestic partner
- Children
- Grandchildren (if their children are deceased)
- Minor (if they were 50% financially dependent on the deceased)
Or if there are no surviving issues of the descendent, the person who would be entitled to the property of the descendent by intestate succession can file a claim. If you do not fall under any of these categories, then you cannot bring forth a wrongful death suit. However, if you are unsure, and need guidance, our lawyers will be happy to help you determine if you can file a lawsuit or not. To get started, call our office at 714-409-8991 to speak with an experienced attorney in Whittier, CA.
How can I know if I have a wrongful death claim?
The most important question to be answered when determining if you have a wrongful death claim is whether or not the death was a direct cause of someone’s negligence. This can be broken down into three subcategories: duty of care, breach of duty of care, and causation of death. To win a case, you must be able to successfully be able to prove that the defendant owed the deceased a duty of care, that that duty of care was not implemented, and finally that this lack of duty of care resulted in a death. If all three of these can be proven, then you most likely have a wrongful death case. Our Whittier attorneys will be able to help you determine and prove these factors in order to build you the strongest case possible.
How can Eldessouky Law help?
If someone related to you was killed due to a car accident, pedestrian knock our, slip and fall, drowning, assault and battery, murder or manslaughter, and so on, our firm has dealt with these types of cases, and you need to speak with one our Whittier wrongful death attorneys immediately. Possible recoveries for wrongful death are compensatory damages that equal the value of support you would have expected to receive from the deceased had they continued to live. When calculated, factors taken into consideration may be the deceased’s health, lifestyle, and occupation. You may also be able to receive economic damages such as the financial support, gifts and benefits, and household services you would have received from the deceased. Non-economic damages you may be eligible to recover are companionship, protection, affection, moral support, training and guidance, and sexual relations. Both economic and non-economic damages are recoveries that our lawyers at Eldessouky Law will fight to win you.
What sets us apart
Eldessouky Law is dedicated to making sure you received maximum recovery. To get started on a wrongful death claim, you can schedule a free consultation with one of our Whittier wrongful death attorneys. They will go over all the details of your case and give your expert legal advice. In California, the statute of limitations for a wrongful death case is two years, so you must not hesitate in getting started on your lawsuit. At our firm, we pride ourselves on the fact that we approach each case on a personalized and individualized basis. Unlike other firms, our wrongful death attorneys empathize with each client and genuinely want the best for them. Our firm provides a zero fee guarantee where we will take on your case free of any upfront fees. If we do not win, you do not owe us any money. Our Whittier wrongful death attorneys are ready to help you get recover emotionally and financially from your loss.
