Losing a loved one is never easy. This difficult situation can become unbearable when someone else’s reckless or careless actions are to blame.
After suffering such a devastating loss, it is nearly impossible to think of handling legal work. However, a wrongful death lawsuit could become a powerful option for pursuing compensation after a fatal accident caused by the negligence of another party or business. A compassionate personal injury attorney could take on the legalities of your case, giving you the time and space you need to heal. To learn more about what one of our dedicated Rancho Mirage wrongful death lawyers could do for you, give us a call.
The Most Common Causes of Wrongful Death
State law allows surviving family members of a deceased plaintiff to file a civil claim for damages when the death occurs because of the wrongful act of another party. Vehicle collisions caused by negligent motorists are the most common cause of wrongful deaths nationwide.
Many people also file a claim after medical malpractice, pedestrian accidents, bicycle crashes, and premises liability accidents. A skilled lawyer in Rancho Mirage could help investigate the cause of a wrongful death, prove liability, and collect compensation for damages.
Compensation for Fatal Accidents
The damages in wrongful death actions depend on an accident’s specifics and fall into two categories. The purpose of a claim is to return a family to the same financial position they were in before the accident. A comprehensive award could cover:
Economic damages include verifiable losses the family suffers without the financial support of the descendant, such as reimbursement for:
- Monetary support a decedent contributed to the family
- Reasonable funeral and burial expenses
- Loss of benefits such as health insurance, retirement, and inheritance
Non-economic damages refer to some of the less tangible impact that a death has on a family – offering reimbursement for:
- Mental anguish and suffering
- Loss of companionship
- Loss of a decedent’s guidance
- A spouse’s loss of the enjoyment of intimacy
A practiced wrongful death attorney in Rancho Mirage could help an individual calculate the full extent of their losses and pursue compensation accordingly.
Who Can File a Wrongful Death Claim?
When a wrongful death occurs, a family must file the lawsuit in compliance with the state’s civil statutes. Under the rules and guidelines of the California Code of Civil Procedure § 377.60, only surviving family members have the legal right to file a wrongful death claim in civil court to recover compensation for damages.
Family members include the decedent’s surviving spouse, domestic partner, and children. The decedent’s legal representative may file a lawsuit if the deceased does not have surviving family members that qualify under the statute.
A representative for the estate must begin the legal action within two years from the date of the decedent’s death. A lawyer in Rancho Mirage could handle the legal filings and ensure a wrongful death claim meets civil statute requirements.
Meet With an Experienced Rancho Mirage Wrongful Death Attorney
Suffering the sudden loss of a loved one because of careless or reckless actions could devastate your life and family. While a wrongful death action will never bring back your loved one, it allows you to hold a negligent party accountable.
An award for damages could also help you and your family get back on your feet. A compassionate and hard-working Rancho Mirage wrongful death lawyer could handle the legal work while your family focuses on recovering from a significant loss. For help with your wrongful death claim, reach out to a dedicated member of our team today.