Banning Wrongful Death Case Process

Saying goodbye to a loved one is always a difficult experience. If you believe your loved one lost their life because of the wrongful act of a person or company, that can be even more painful. However, if that is the case, the family of the person who passed away has the right to bring a wrongful death lawsuit. This is a civil claim, not a criminal matter, that is meant to provide a way to help those left behind a way to recover from their financial and emotional losses. 

Though a wrongful death claim can never replace the person who was lost, it can help the family gain a sense of closure and financial assistance for the future. However, there are several steps involved in bringing a wrongful death lawsuit under California law. If you have questions about the Banning wrongful death case process, it is wise to consult with an attorney who can bring your case in a timely and effective manner.

People Who Can Bring a Wrongful Death Claim

The most important law that covers wrongful death cases is the California Code of Civil Procedure § 377.60. This statute specifies that the surviving spouse, domestic partner, or children of the deceased may bring a wrongful death lawsuit in Banning. In some cases, other people may also be able to file suit, including stepchildren, grandchildren, or other minors who were dependent on the person who passed away. If the person who was wrongfully killed was a minor, their parents may also bring a wrongful death claim.

Types of Damages Recoverable in a Wrongful Death Case

In a Banning wrongful death case, the people bringing the lawsuit must show that a person or entity’s negligent, reckless, or intentional behavior wrongfully brought about the death of their family member. In a successful case, the surviving family members are entitled to several different categories of damages. 

Expenses

The first category of damages that may be awarded covers medical, burial, and funeral expenses. An average funeral in the state of California can cost thousands of dollars, especially if a family has to make quick decisions during an unexpected time of loss. Because this type of damages is based on the family’s actual expenses, proving the amount the family is entitled to recover is usually a relatively straightforward process.

Loss of Future Earnings

The second type of damages the family may be awarded in a wrongful death case is based on the lost lifetime earnings of the deceased. Though state law and court precedent guide the process of determining how much is owed, this is a more complicated calculation that can vary greatly depending on the circumstances of each case. The court will consider factors such as the age, health, and earning capacity of the person who passed away. 

It may also award higher damages based on the closeness of the relationship between the person bringing suit and the deceased; for example, if the person who died was the primary breadwinner in a family with young children, a damages award will likely be higher. Lost benefits such as pensions may also be a part of this calculation.

Loss of Companionship and Support

Finally, wrongful death damages may include financial compensation for the loss of the deceased’s companionship and support. This is the most intangible type of benefit and the calculation will be unique to every case. Here is where the family can talk about all the ways the deceased person contributed to their home in non-economic ways, like making meals, providing childcare, or maintaining the house. An experienced attorney may arrange testimony from experts such as grief counselors or other mental health experts, which may be helpful when pursuing these types of non-economic damages. 

Consult a Banning Attorney for Help With Your Wrongful Death Case

During a time of loss, facing a court case may seem overwhelming. However, most wrongful death cases need to be filed within two years, or they can be barred by the statute of limitations. Once the lawsuit has been filed, the family must still face the Banning wrongful death case process.

Instead of trying to navigate this difficult time on your own, consult a compassionate lawyer at Walter Clark Legal Group who can share the load and put together the strongest possible case. No damages can equal the loss of a loved one, but they can help relieve your family’s financial burden while you are still suffering from a heavy emotional burden.