Have you suffered the death of a loved one due to the negligence of another person or organization? If so, you may be wondering if you have a wrongful death claim.
A wrongful death claim is a lawsuit that is filed by the surviving family members of a person who has died due to the negligent or intentional actions of another person or entity. The purpose of a wrongful death claim is to hold the responsible party accountable for their actions and to seek compensation for the losses that have been suffered by the family.
In this blog, we will answer the question: who can file a wrongful death claim? We will also provide an overview of the damages that can be recovered in a wrongful death claim.
What is the difference between a wrongful death claim and a survival action?
A wrongful death claim is a civil lawsuit that is filed by the surviving family members of a person who has died due to the negligent or intentional actions of another person or entity. A survival action, on the other hand, is a civil lawsuit that is filed by the estate of the deceased person. The purpose of a survival action is to recover damages that the deceased person suffered before their death, such as pain and suffering.
Who can file a wrongful death claim in California?
In California, the following family members can file a wrongfuldeath claim:
- The surviving spouse of the deceased person
- The surviving domestic partner of the deceased person
- The surviving children of the deceased person
- The surviving parents of the deceased person
If there are no surviving family members, then the claim can be filed by the deceased person’s estate.
What damages can be recovered in a wrongful death claim?
The damages that can be recovered in a wrongfuldeath claim vary depending on the circumstances of the case. However, the following damages are typically recoverable:
- funeral and burial expenses
- loss of economic support
- loss of love, companionship, and comfort
- mental anguish and pain and suffering
What are some common examples of workplace wrongful death claims?
Wrongful death claims can arise in a variety of different contexts. However, some common examples of workplace wrongful death claims include:
- accidents that occur while working on a construction site
- accidents that occur while working in a factory
- accidents that occur while working in a mine
- accidents that occur while working on an oil rig
If you have lost a loved one in a workplace accident, you may be entitled to compensation through a wrongful death claim.
How do I file a workplace wrongful death claim?
If you believe that your loved one’s death was caused by the negligent or intentional actions of another person or entity, you should contact a wrongful death attorney to discuss your case. An experienced attorney will be able to review the facts of your case and determine if you have a valid claim. They can also explain the process for filing a claim and help you navigate the legal system.
Steps to file the claim:
- Talk to a wrongful death attorney: As we mentioned above, the first step is to talk to a wrongful death attorney to discuss your case.
- Gather evidence: The next step is to gather evidence to support your claim. This evidence can include things like police reports, eyewitness testimony, and medical records.
- File a lawsuit: If the attorney believes you have a valid claim, they will file a lawsuit on your behalf.
- Negotiate with the insurance company: Once the lawsuit has been filed, the attorney will negotiate with the insurance company to try to reach a settlement.
- Take the case to trial: If a settlement cannot be reached, the case will go to trial.
Contacting a wrongful death attorney is the best way to ensure that your rights are protected and that you receive the compensation you deserve.
In conclusion, if you have lost a loved one in a workplace accident, you may be entitled to file a wrongful death claim. Contact the experienced workers’ compensation attorneys Gaylord and Nantais At (562) 561-2669 to learn more about your legal rights and choices. We can help you understand the claims process and ensure that you get the maximum compensation available under the law.