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When a loved one is killed in an accident or due to someone else’s carelessness, families have legal recourse against the responsible party. Bringing a wrongful death lawsuit could provide financial security in an uncertain time.
When you lose a loved one due to someone else’s negligent conduct, know that you do not have to face this alone. A Westlake Village wrongful death lawyer could review your situation and help you pursue appropriate compensation for the loss of your beloved family member. There is a limited time to bring a lawsuit, so do not delay consulting with one of our personal injury attorneys.
Families mourning the premature loss of a loved one should consider whether someone else has complete or partial responsibility for the death. When an accident or criminal act results in death, the family could seek compensation from the responsible person, company, or government agency.
The family must prove that someone else’s intentionally reckless act or failure to use reasonable care directly contributed to their loved one’s death. Depending on the surrounding circumstances, a wrongful death lawsuit could be possible when someone dies because of a:
Police shootings, fatal incidents at fraternities and sororities, and even suicides resulting from harassment or bullying could justify a wrongful death lawsuit. An attorney could advise a Westlake Village family whether evidence is sufficient to pursue a lawsuit in a specific case.
Whenever someone dies, and another party bears some or all the responsibility, the deceased person’s family members can bring a wrongful death lawsuit. If the deceased person survived for a time before succumbing to their injuries, the person in charge of their estate could bring a survival action. Although the lawsuits serve different purposes, they are typically brought simultaneously and considered together.
When someone gets hurt in an accident or other event, they have a legal claim against the party responsible for the incident. If they die before they can assert the claim, the person managing their estate can prosecute their claim.
A survival action seeks compensation for the deceased person’s medical costs, lost income, and incidental expenses between the moment of the accident and the moment of death. The estate can also claim compensation for the deceased person’s pain and suffering before they died.
The money from a survival action is paid into the deceased person’s estate and can be used to pay their debts. Any remaining funds go to the deceased person’s family members or beneficiaries they named in their will.
The California Code of Civil Procedure §377.60 governs wrongful death lawsuits. It allows a deceased person’s spouse, domestic partner, children, or grandchildren to bring a lawsuit seeking compensation for the loss of their loved one’s financial and emotional support. When the deceased person did not leave immediate family members, but others were financially dependent on them, those people could bring a wrongful death action in some cases. A lawyer in Westlake Village could advise whether a specific person is entitled to file a wrongful death suit.
Family members could claim the value of the financial support the deceased person would have provided them, including gifts and inheritances, if they had lived their natural lifespan. They can also claim compensation for the loss of their relative’s love, companionship, emotional support, and guidance. The family could also claim funeral expenses.
The money the family receives goes directly to them and does not pass through the estate, which means the decedent’s creditors cannot claim any of the proceeds.
A premature death is a devastating event. The idea of pursuing compensation might be uncomfortable to think about when you are grieving.
However, you owe it to your family, and your deceased loved one to seek justice when someone else’s conduct contributed to a death. Consult a Westlake Village wrongful death lawyer as soon as you can to learn about your legal options.
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