What does wrongful death mean?
A wrongful death is when someone dies as a result of someone else’s wrongful doing. A wrongful death suit is a civil action where damages are sought against a party for causing a death. If you are related to someone who’s life was taken away from them too soon because of someone’s else’s actions, you may be eligible to sue. Call Eldessouky Law at 714-409-8991 to get in contact with an experienced wrongful death lawyer serving Norwalk. Dealing with a loss in the family can be hard, and it can be worse knowing it happened because of someone else’s wrongful acts. Let us help you to get on the path of redemption for your relative.
Who can claim wrongful death on someone’s behalf?
According to California’s Code of Civil Procedure 377.60, the following family members can sue for wrongful death:
- Domestic partners
- Other minors that are at least 50% financially dependent on the deceased
- Anyone entitled to the deceased’s property under California low of intestate succession
If you are not related to the deceased in any of these ways, most likely you will not be able to sue, however it would be best to consult one of our wrongful death attorneys first to see what your options are.
How can I know if I have a wrongful-death claim?
Survivors can bring a wrongful death action for any claim based on negligence, gross negligence, recklessness, or an intentional wrongful act. Punitive damages are not recovered from a wrongful death case, but it can be coupled with survival cause of action which are actions brought on behalf of the victim’s estate rather than the survivor’s. Some examples of wrongful death claims stem from:
- Car accidents
- Pedestrian knock-downs
- Slip-and-fall accidents
- Assault and battery
- Murder and manslaughter
- Elder abuse or neglect
- Child abuse or neglect
- Medical malpractice
This list is not comprehensive, and there are many other ways in which you may have a wrongful death claim. The best thing to do is reach out to our firm and get a free legal consultation about your individual situation from one of our attorneys serving Norwalk, California.
What are the steps to getting a wrongful death claim?
Wrongful death claims often follow a criminal trial, but they are solely for the loss of benefits from a deceased family member. There also requires a lower margin of proof. To know for sure if you have a wrongful death claim, you must have the following:
- The death of a human
- The death caused by another individual’s negligence or intentional harm
- There was monetary suffering of the surviving family as a direct result of the death
- an established representative of the deceased’s estate
There is no cap on what the jury can award, but compensatory damages in a wrongful death case usually include economic and non-economic damages such as:
- the potential financial support from the deceased
- the loss of gifts or benefits
- funeral and burial expenses
- the reasonable value of household services that would have been provided
- society and companionship
- moral support
- training and guidance
- sexual relations
To determine how much is awarded, a jury will usually look at:
- character and condition
- earning capacity
- life expectancy
- health and intelligence
- additional circumstance, both financially and physically
If you work with one of our lawyers, we will do our best to build you a strong case to gain as much as possible for your losses. One of our skilled wrongful death lawyers will prove each factor that determines your compensation in away that has your best interest in mind.
How can Eldessouky Law help?
Losing a loved one to a wrongful death is something no one ever wants to go through. However, the truth is, it happens, and our lawyers are here to help you in times of need. If you are related to someone who’s life was taken too soon due to someone’s else’s negligence or intentional harm, you are suffering, and have lost so much. Let’s change this time of loss to a time of winning. Contact our firm for a free consultation from one of our lawyers who has year of experience in many different kinds of wrongful death cases. They will tell you all about your rights and what you need to pursue a lawsuit. We also do not want you to take a toll financially anymore than you have, and that is why we offer a zero fee guarantee. This promises that you will not owe any upfront fees if we take on your case. If we do not win you case, you will not have to pay, and only if we do win your case will we ask for a small fee in return. The statute of limitations for a wrongful death claim is two years, so don’t hesitate to get in contact with us today so that we can help you start turning things around for you!