If you have lost a family member due to another person’s intentional, negligent, or reckless behavior, you may pursue a wrongful death claim against that person. Even when you’re still grieving, it’s important to get an early start on the case. Medical expenses, funeral costs, and a loss of income are sudden, unexpected burdens that surviving loved ones must face.
A death is legally “wrongful” in California when it is the result of another person’s negligent, reckless, or conscious action. Businesses and sometimes even government agencies may also be named in wrongful death suits. The burden of proof for civil cases like wrongful death is somewhat lower than the burden of proof in criminal trials. Surviving family members can file for wrongful death; usually, the claim is pursued by a spouse or child. In some cases, parents who lose a child may also be able to file a wrongful death claim.
Survivors may receive compensation for damages associated with the wrongful death of their loved one. In a wrongful death lawsuit in California, plaintiffs may be compensated for medical bills, burial and funeral expenses, loss of projected earnings, and loss of consortium, love, companionship, and moral support.
If you’ve recently lost a loved one, you’re probably not considering your own legal rights, but it’s imperative for you to speak with a good wrongful death lawyer as quickly as possible. Just having an attorney to consult can alleviate some of your anxiety or confusion. At a time when you need to concentrate on your family and on moving forward, an experienced wrongful death attorney can be your family’s advocate. In the San Diego area, if a member of your family has perished in a wrongful death accident, contact 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.
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