Unique Aspects of a Palm Springs Wrongful Death Case
While Palm Springs offers a multitude of interesting sights and experiences, there are also many ways in which someone’s negligence can result in the death of another. Whether a death occurs as a result of a car accident, a fatal incident involving property hazards, or any other type of accident, the family members of the deceased can seek compensation by filing a wrongful death claim against the liability coverage of an insurance policy held by the at-fault party.
There are some similarities between wrongful death claims and personal injury claims. Despite this, there are unique aspects of a Palm Springs wrongful death case that individuals looking to file a claim should understand.
Only Certain People Can File a Wrongful Death Claim
Some states have laws requiring that wrongful death claims only be made by a representative of the deceased’s estate on behalf of impacted family members. However, California law allows family members to file a wrongful death claim directly. Only certain family members can do so, including:
- Spouses or domestic partners
- Adult children
- Grandchildren, if the deceased’s child is also deceased
- Parents
- Other family members who stand to benefit due to state intestate succession laws
All of the deceased’s family members seeking compensation must be included in a single wrongful death claim, and it typically must be filed within two years of the date of death.
The Two Types of Claims Available to Family Members After a Wrongful Death
In Palm Springs, a wrongful death claim pursues compensation for grieving family members, including:
- Loss of financial and moral support
- Loss of love and companionship
- Emotional pain and suffering
- The cost of the funeral and burial or cremation paid for by family members
The deceased’s family can also benefit from a survival action, which seeks to recover damages that would have been owed to the deceased if they survived the accident. This can include:
- Medical expenses the deceased incurred due to the accident
- Property damage
- Lost wages between the accident and the deceased’s time of death
- Non-economic impacts suffered by the deceased as a result of the accident, such as physical pain and suffering
A compassionate attorney could help a family file the claim(s) that is right for them.
How a Lawyer Could Help
Individuals and families who have lost a loved one due to someone else’s wrongful or negligent actions can speak to a lawyer at Walter Clark Legal Group about their case for free, enabling them to learn more about the wrongful death claims process. Our Palm Springs attorneys will examine the unique details of a case to determine whether family members of the deceased are eligible to file a wrongful death claim.
If you choose to hire our firm to represent your family in the claims process, our services are provided on a contingent fee basis. This means you do not have to pay for our legal services upfront. Instead, our lawyers are paid a percentage of the compensatory award given to your family via a negotiated settlement or court order.
Contact Our Office to Learn More About Unique Aspects of a Wrongful Death Case in Palm Springs
If your loved one died as a result of someone else’s wrongful or careless act, it is important to understand your legal options for seeking compensation through the wrongful death claims process. To speak with a lawyer about the unique aspects of a Palm Springs wrongful death case, contact Walter Clark Legal Group.