Palm Springs Wrongful Death Lawyer
Any accident that results in a fatality will have a resounding impact not just on the people directly involved in the incident but also on all their family members and loved ones. While financial compensation alone cannot make up for losing someone close to you, it is also the only way to hold someone accountable under civil law for negligently causing a death.
Recovering financially with help from a skilled personal injury attorney can be vital in protecting your family’s financial security and personal well-being after this tragedy. From beginning to end of your settlement negotiations or—if necessary—a lawsuit in civil court, a Palm Springs wrongful death lawyer could work tirelessly on your whole family’s behalf to ensure your case has the most favorable resolution possible.
Who Can Recover Through a Wrongful Death Claim?
Wrongful death litigation stems from the right someone who lost their life through someone else’s negligence, professional malpractice, or intentional act would have had to file an injury lawsuit themselves had they survived their injuries. When criminal charges arise from an incident resulting in someone’s premature death, that criminal case will proceed separately from any wrongful death claim seeking civil damages, and the outcome of each case would have no direct influence on that of the other.
Family members and other beneficiaries of a wrongful death victim may file a claim and seek compensation for their own ensuing losses in the following priority order:
- The decedent’s spouse or domestic partner
- The decedent’s children
- The decedent’s grandchildren
- Any person eligible to receive property from the decedent under state intestate succession laws, including parents and siblings
- Any person who can prove financial dependence on the decedent prior to their death, including stepchildren and putative spouses
These parties may pursue a claim solely on their own behalf or on behalf of themselves as well as all other eligible beneficiaries. A wrongful death attorney in Palm Springs could offer further guidance about how the filing process works and what other people may need to be involved.
Recovering Fairly Within Filing Deadlines
According to California Civil Jury Instruction Number 3921, a family eligible to recover compensation through a wrongful death claim can incorporate economic and non-economic harm into that claim. Recoverable economic damages may include financial support—as well as gifts and other benefits—the decedent would have provided in the future, loss of household services calculated as a reasonable dollar value for replacement services, and funeral and burial expenses.
Non-economic damages typically center around the loss of love, companionship, protection, and comfort but may also include loss of guidance for children and loss of consortium for a spouse or intimate partner. Regardless of what specific losses a person factors into a particular claim, anyone with standing to file that claim must do so—or have a wrongful death lawyer in Palm Springs do so for them—within two years of the decedent’s date of death, as per California Code of Civil Procedure § 335.1.
A Palm Springs Wrongful Death Attorney Could Help
No matter how it happens, no one should have to experience a family member’s death solely because someone else was reckless or careless. In a situation such as this, you have a legal right to demand comprehensive compensation for the financial and personal losses this tragedy will cause you. Assistance from qualified legal counsel can be crucial to proactively enforcing that right.
A private conversation with a Palm Springs wrongful death lawyer could give you answers to important questions and confidence about your next steps. Call today to set up a meeting.