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After losing a beloved family member, you might have a difficult decision to make. If you believe someone else directly caused your loved one’s untimely death, you might be able to pursue financial relief in a civil lawsuit. Deciding whether to seek justice in a fatal accident suit can be difficult because you might not want to relive the pain of your family member’s death.
However, filing a Burbank wrongful death action could really help your family find justice. If your lawsuit is successful, you could also use the proceeds to give your family a fresh start. A hard-working wrongful death attorney could meet with you to discuss your concerns.
A wrongful death suit can be an appropriate cause of action anytime someone’s actions result in another person’s untimely death, regardless of whether the responsible party acted intentionally or accidentally. Wrongful death suits are civil actions. Eligible surviving family members can pursue them even if a prosecutor is pursuing a criminal trial against the same defendant.
For instance, if a prosecutor could pursue a claim against a drunk driver for causing a fatal car accident, the family members of the deceased person crash could pursue a wrongful death suit against the drunk driver. Similarly, if someone loses their life in a domestic assault, the police can pursue a criminal trial, while the family can sue for damages in a separate civil suit.
Unlike in a criminal trial where a prosecutor tries to seek justice by getting the accused offender imprisoned, in a civil wrongful death suit, there is no possibility of jail time. If a claimant prevails in their legal claim, the defendant will have to pay the family of the deceased person financial damages.
The burden of proof in the wrongful death claim is also lesser than in a criminal trial because the decedent’s heirs must only prove that it is more likely than not that the defendant caused the death, instead of proving the case beyond a reasonable doubt.
A wrongful death attorney could review the details of the Burbank accident or incident to see if a family has a viable cause of action.
Not every person who suffers because of someone’s unexpected death can pursue a lawsuit in Burbank. As set forth in California Code of Civil Procedure § 377.60, state law limits the people who are eligible to file wrongful death actions. Only the deceased person’s surviving spouse, partner, children, issue of deceased children, or personal representative can always pursue a lawsuit. If they were dependents of the deceased person, the putative spouse and their children, stepchildren, parents, or guardians of the decedent might also be eligible to file suit.
If someone has a question about whether they meet the eligibility requirements, they should consult with an experienced local legal professional.
Although it cannot bring your deceased spouse, parent, or child back, filing a Burbank wrongful death action could bring valuable benefits to your grieving family. Succeeding in your legal claim against the person who caused your loved one to lose their life could bring your family peace of mind and closure.
Speak with the law office about setting up an initial consultation to discuss what happened to your loved one.
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