Losing a loved one will be heartbreaking and traumatic. Things will get even worse and unbearable if the death happened because of someone else’s preventable actions. Of course, consulting a wrongful death attorney and filing a lawsuit will be the last thing that you may think while mourning over the untimely demise of your family member. However, even though filing a wrongful death case in such a scenario cannot bring back your loved one from death, it will be ideal to ease your financial burden. If you are wondering about the wrongful death claim and the associated factors, below are some thorough details regarding the same.
Wrongful Death Claim
The wrongful death claim is actually a lawsuit filed against the person who caused the death of your loved one. It can include the death resulting from a road accident caused by a drunken driver or any other preventable actions. Furthermore, only certain people are allowed to file a wrongful death case in California. This list includes the spouse, children, or the domestic partner of the demised person. In case the person who died does not have children, spouse, or a domestic partner, anyone else in the family who is entitled to get his assets can file the claim. Usually, this includes the extended family members of the demised person.
Damages Considered in a Wrongful Death Lawsuit
When you file a California wrongful death lawsuit, you are looking for a financial coverage to your damages. These damages, as well as the amount you will receive, will depend on the facts of your case. Below are the possible damages that you can claim for while filing a wrongful death case in California.
- Medical bills
- Funeral expenses
- Lost income
Apart from the physical factors, the damage can include your pain and suffering, emotional distress, loss of companionship as well.
The Time Limit
It is not possible to file a wrongful death case whenever you like in California. It will be worth noting that the time limit to file a wrongful death lawsuit is up to two years from the date of death. This explains the necessity of taking quick steps. Usually, people will be so doomed in their loss and that two years will fly quickly and will fail to file the claim. This will ruin your chance to hold the person who is responsible for the death of your loved one as well as to secure proper financial coverage. Hence, it is recommended to contact a wrongful death attorney as soon as you can in such unfortunate cases.