A wrongful death suit is a legal claim brought against a party whose negligent act or oversight caused the death of a close family member. Wrongful death claims can arise in several ways, including:

• Traffic accident fatalities
• Improper nursing care or medical malpractice
• Deaths from defective and consumer products
• Fatal falls
• Violent crimes

Under California law, your relationship to the deceased victim determines whether you can collect damages in a wrongful death case. While the loss of a loved one is extremely painful, a wrongful death suit can at least cover the costs associated with death, and sometimes, loved ones can also win compensation for lost potential earnings. Damages that may be awarded include:

• Medical expenses
• Funeral expenses
• Loss of future earnings and retirement income
• Loss of consortium
• Emotional distress of survivors

Potential plaintiffs should keep in mind that emotional distress damages and loss of consortium damages are considered “non-economic” damages that do not involve a genuine monetary loss or possess a precise cash value. As such, when a wrongful death case goes to trial, the amount of an award for emotional distress or for loss of consortium is usually left to the discretion of the judge or jury.

An experienced wrongful death attorney will work aggressively to win every cent of compensation you deserve while understanding the grief and pain you are still undergoing. If you’ve lost a family member to a wrongful death, you’ll have to deal with both legal and emotional issues. It may be difficult, but it’s imperative to launch a wrongful death suit as quickly as you can; speak to a good wrongful death lawyer right away. In the San Diego area, if your family has suffered a wrongful death, contact experienced California wrongful death attorney Gary Sernaker at (858) 509-0188, or email him at Gsernaker@gmail.com to discuss your rights and options under California law.