Families can be shattered when they unexpectedly lose a loved one under any circumstances. It is even worse when the tragic death is caused by someone else. In addition to the grief of their loss, your family may feel anger and want justice. You can get justice and accountability through a wrongful death lawsuit that may result in you receiving financial compensation.
Although money does not bring back your loved one, it can give you what you need in the future and provide for your family. Your first step should be to contact a wrongful death lawyer so that you can learn more about your legal options for compensation.
How Wrongful Death Cases in Santa Clarita Happen
Wrongful death cases can arise in many contexts, including:
- Car accidents
- Pedestrian accidents
- Premises liability accidents
- Product liability cases
- Bus accidents
- Rideshare accidents
- Motorcycle accidents
Financial Compensation for a Wrongful Death
Like every other case, you must prove that someone else was responsible for your family’s loss. In other words, you need to show that the defendant was negligent or reckless in causing the death.
Negligence is a legal term that applies when the defendant has not lived up to the duty of care that they owed your loved one. For example, another driver owed your loved one the duty of care they may have violated when they veered out of their lane and hit your family member in a head-on crash.
The challenge is that you are coming in after the fact and trying to gather evidence to show what happened. It might be weeks or months after your loved one has died, but you shouldn’t wait — California has a statute of limitations on wrongful death cases.
An experienced wrongful death attorney at One Law Group will investigate the accident and compile the necessary proof to include as part of a wrongful death claim or lawsuit.
Your Wrongful Death Case Is Our Priority
A wrongful death claim is meant to compensate for your family’s emotional and financial damages when you have lost a loved one. What happened can cause your family injury in a number of ways, including:
- The loss of financial support that your loved one provided when they were alive
- The loss of the support and guidance that you received from your loved one
- The loss of the close, loving relationship that you had with your family member
- Grief and trauma that affects you when you suddenly have had a loved one taken from you through someone else’s actions
- Funeral and burial expenses
- The value of the services that the deceased person would have provided around the house (important when the person killed took care of the children)
It does not matter what age the person was when they died. Your family has always lost something when someone you love has died.
Further, there is no cap on wrongful death damages in California. Your family can and should seek the justice you deserve when someone else caused your loved one’s untimely death.
Wrongful Death Survival Actions Filed by the Estate
In addition, the estate can also file a survival action to obtain compensation for what the deceased person went through before they died. These damages can include:
- The medical expenses necessary to treat the injuries
- Lost wages for the time that the deceased person missed from work
- The emotional distress that the person experienced before their death
Pain and suffering are not recoverable in survival actions. The same person may file both wrongful death and survival actions.
Who Can File a Wrongful Death Claim in Santa Clarita?
California law governs who may file a wrongful death lawsuit. Here is who can file the case:
- The surviving spouse
- The surviving children
- A grandchild who is a descendant of a deceased child
If there are no descendants, the surviving parents will be the next in line to file the lawsuit.
In addition, people who were financially dependent on the deceased person can file a wrongful death claim because they have lost the support that the deceased previously provided. Those with wrongful death cases can join in the same lawsuit. The hope is that the family members can work together to file the most effective case.
Statute of Limitations in a California Wrongful Death Case
You have two years from when you know your loved one died a wrongful death to file a lawsuit.
If you miss this deadline, you will lose the right to file a lawsuit to receive financial compensation. In reality, there are not many reasons to wait that long. The sooner you begin the legal process, the sooner that you can get the closure that comes with a wrongful death jury award or settlement.
The last thing you will want to deal with during this challenging time is the details of the legal case and the insurance company. Your wrongful death attorney’s job is to ensure that you do not have to get involved in the legal process besides testifying when necessary.
Contact Our Santa Clarita Wrongful Death Lawyers Today
At One Law Group, we understand that your family is going through a challenging time. We will handle your case with sensitivity and compassion while fighting to hold the defendant accountable for what they did.
We recognize that wrongful death cases are emotional for every family. Nonetheless, you must still take steps to begin the legal process. You can call us at (844) 626-1529 or message us online to schedule your free initial consultation.
Wrongful Death FAQs
Can I get punitive damages in a wrongful death case?
Technically no, but you can get punitive damages as part of the survival action.
Can I sue a company in a wrongful death case?
Yes, if the accident was caused by an employee acting within the scope of their job duties when it happened.
How long will my wrongful death case take to resolve?
It depends. Some cases may settle quickly for policy limits, while others can take years because of the amount of money at stake.