It is always heartbreaking when a family loses a loved one. These situations are even more complicated when the loss results from a random event. Whether a person passes away due to an accident or an intentional act, that person’s family could have the right to pursue a lawsuit. These suits could compensate a family for the costs directly associated with the death and payments intended to cover the suffering of a decedent and the effect the loss will have on the family.
A Victorville wrongful death lawyer could help the deceased’s family to hold the responsible parties liable in civil court. A compassionate personal injury attorney could work to bring peace of mind and financial stability back into peoples’ lives through monetary compensation.
When Might a Family Bring a Wrongful Death Suit?
Not every death is someone else’s fault. However, untimely deaths could be the product of another person’s actions. California Code of Civil Procedure §377.60 states that a decedent’s immediate family, such as children, parents, or spouses, could demand compensation from at-fault defendants.
A case that alleges a wrongful death because of an accident is similar to any other lawsuit alleging injury. A defendant in the case certainly did not mean to cause the death; nevertheless, a loss occurred due to their negligence. Perhaps the most common of these examples is a car accident. When another driver was speeding, failed to yield, or even drove drunk, they are responsible for their actions, even when they result in an accidental death.
Deaths that result from criminal activities are almost always intentional. A death could result from a homicide, arson, or criminal neglect. Here, a defendant will likely face criminal charges. The result of a criminal case will have no direct bearing on a family’s right to demand compensation. A guilty verdict in criminal court could be powerful evidence of fault but is not a guarantee of success. At the same time, an acquittal in criminal court does not bar a civil lawsuit. A seasoned attorney in Victorville thoroughly examines every wrongful death case to determine the proper causes of action that will give a family a better chance of success.
What are the Potential Sources of Recovery in Wrongful Death Claims?
The purpose of any wrongful death case is to bring comfort and stability back into the lives of a decedent’s family members. As a result, a suit must evaluate an event’s impact on not just the victim but also their family.
One primary source of recovery is payments for the direct financial harm an event caused. This could include medical bills and funeral costs. The family may also suffer economic harm due to losing a stream of income.
Children who lost a parent, spouses who lost a partner, and parents who lost a child could also demand reimbursement for their emotional trauma. A lawyer in Victorville could evaluate the ways a wrongful death has impacted a family and demand appropriate compensation from at-fault parties.
Speak with a Victorville Wrongful Death Attorney Today
People who have recently endured the loss of a loved one may be sad, confused, and worried about the future. Not only might they be dealing with the emotional trauma of the death, but they may also have concerns for their family’s economic well-being.
A Victorville wrongful death lawyer understands these emotions and could handle your family’s case with compassion and diligence. From the initial consultation to a case conclusion, they strive to provide legal representation that is attentive and sensitive to your needs. Contact our firm to discuss your case.