Understanding The Basics of California Wrongful Death Claims

Understanding The Basics of California Wrongful Death Claims

Losing a loved one is never easy. The emotional pain is sometimes intolerable and can cause a person to snap or lose themselves.

If a loved one died as a result of an accident which may have been caused by another party, the surviving family members have the right to file a wrongful death claim.

But what exactly is a wrongful death claim, and what does one have to do after losing a loved one to a car accident in California?

Wrongful death attorneys in Los Angeles at The Law Offices of Howard Craig Kornberg were kind enough to explain to you the basics of the wrongful death claims and how claims are filed after the accident. Here is what you have to know.

Two Parties

In every such case, there are two parties involved: the plaintiffs and the defendants. The first ones are usually the closest family members, including:

  • A spouse
  • Children
  • Parents
  • Siblings
  • Other relatives

Plaintiffs are the ones filing a wrongful death claim. In some rare cases, other distant family members may be eligible to file a wrongful death claim. But to learn more about that, it is best that you consult with one of our attorneys.

The second party involved are the defendants. Normally, these are the people (or one single individual) responsible for causing the accident. The defendants could be:

  • Another driver involved in the accident
  • A medical staff
  • A hospital or other health-care facility
  • Car manufacturing company

The Damages

According to the California law, the plaintiffs are eligible to recover damages for their personal loses. These usually include:

  • Loss of companionship
  • Loss of affection
  • Loss of parenthood
  • Loss of support and protection
  • Funeral and burial costs
  • Loss of income
  • Compensation for the deceased’s medical bills
  • Loss of benefits (insurance, pension)

In order to obtain these, the surviving family members have to file a successful wrongful death claim against the party or parties responsible for causing the death of their loved one.

Most people do not understand the importance of having an attorney in these moments. Trying to go alone through the process is both stressful and complicated, and you could risk losing everything simply because you have no idea what you are doing.

With an experienced attorney by your side, you will have someone to guide you, tell you what to do and do things on your behalf. These things include:

  • Gathering the evidence
  • Going through the paperwork
  • Checking the medical and police reports
  • Calculating the damages
  • Filing a claim
  • Defending a claim
  • Representing your best interests in the trial (should the case go to trial)

Remember that without an attorney, your chances of filing a successful claim are reduced to a total of 30 percent. With an attorney by your side, you have over 75 percent chance to obtain the compensation for your damages. Now that you know the basics of California Wrongful death claims, contact Los Angeles Wrongful Death Attorneys at The Law Offices of Howard Craig Kornberg, schedule your free initial consultation and learn how you can receive compensation for your damages in a timely manner.