Need Consultancy? Request A Free Quote
Want to get in touch with us? We’d love to hear from you. Get an expert opinion today.
Want to get in touch with us? We’d love to hear from you. Get an expert opinion today.
Unexpectedly losing a loved one is never easy, but this situation can be significantly harder to accept when you know that your loved one died because of another party’s negligence. When an individual suffers an injury or economic loss due to the negligence of another, the injured party has the right to file a personal injury claim to seek compensation for their losses. However, if an individual dies because of the negligence of another party, their surviving loved ones may file a wrongful death claim.
This type of civil claim functionally replaces the personal injury claim the victim could have filed had they survived. While wrongful death claims are very similar to personal injury claims in many ways, there are some key differences that all Citrus Heights residents should understand.
The Kreeger Law Firm understands how difficult it can be to experience an unexpected death in the family and the frustration and uncertainty that arise when such a death occurs due to another party’s negligence. Our firm has years of experience providing comprehensive legal representation in wrongful death cases. If you need to speak with a Citrus Heights wrongful death attorney about your situation, the team at the Kreeger Law Firm is ready to assist you.
You may believe that your situation is straightforward enough that you can handle your legal matters on your own. However, if another party is responsible for the untimely death of your loved one, it’s vital to recognize the complex legal proceedings involved in a wrongful death claim. In addition, the average person who has no professional legal training or experience may make critical errors in pursuing a wrongful death claim independently. For example, they could make court filing errors or miss important deadlines that jeopardize their family’s ability to recover compensation for the wrongful death.
Working with an experienced Citrus Heights wrongful death attorney means you and your loved ones will have trustworthy and responsive legal counsel available to answer your questions and address your concerns as your case unfolds. No matter how the wrongful death occurred, your Citrus Heights wrongful death lawyers will be able to identify the most critical aspects of your case, assist you in gathering evidence you need to prove liability, and help you gather the materials you will need to prove the full extent of the economic losses your family has sustained from the untimely death of your loved one.
Wrongful death claims are very similar to personal injury claims in many ways, but there are also some essential differences that you should understand if you intend to file a wrongful death claim in Citrus Heights. First, California state law limits eligibility for filing wrongful death claims based on the state’s laws for intestate succession. Typically, the deceased’s closest family members have the right to file a wrongful death claim following the typical flow of intestate succession.
The deceased’s surviving spouse or domestic partner is generally first in line to file a wrongful death claim, followed by their surviving children or parents. If such family members are unwilling or unable to file a wrongful death claim, the right to file a claim passes to surviving siblings and extended family members. If the deceased has no surviving kin, anyone who has a legal interest in the estate of the deceased or who was financially dependent on the deceased may pursue a wrongful death claim.
A Citrus Heights wrongful death attorney is an excellent resource if you are unsure whether you have valid legal grounds to pursue a wrongful death claim. Your attorney can help you understand the process, assist you in filing your claim, and guide you through the complex legal proceedings that are likely to follow.
A wrongful death claim can potentially secure many of the same types of damages that are claimable in a personal injury claim, with a few exceptions. Additionally, other damages are available in a wrongful death claim that are not claimable in a personal injury claim. There are two main types of damages available to plaintiffs in wrongful death cases: economic and non-economic. Economic damages can include:
Non-economic damages for a wrongful death typically revolve around the surviving family’s pain and suffering. For example, a surviving spouse or domestic partner can claim compensation for lost affection and enjoyment of sexual relations; surviving children can claim compensation for lost guidance and mentorship; and it is possible to secure compensation for lost protection, support, guidance, and companionship.
It’s also important to remember that wrongful deaths are not always instantaneous. For example, a wrongful death can occur after the deceased has suffered an illness or painful injury, which may have entailed significant medical expenses during their final treatments. Wrongful death claims are filed by a deceased individual’s surviving loved ones and seek compensation for their damages. Survivor actions, on the other hand, seek to compensate the deceased’s losses incurred between their final injury or illness and their death. A personal representative must file this survivor’s action separately from the family’s wrongful death claim.
Experiencing an unexpected death in the family can be a shocking experience for everyone involved. If you are unsure of what to do after your loved one has died due to the actions of another party, it’s vital to consult an attorney to determine the best next steps to take. Money cannot replace your lost loved one, but it can provide peace of mind, and your wrongful death claim will hold the party responsible for your loved one’s death accountable for their actions.
A wrongful death happens whenever one party’s negligence or intentionally harmful actions cause the death of another person. Some of the most commonly cited causes of wrongful deaths in California include:
This is not an exhaustive list, and there are many different ways that one party’s carelessness or recklessness can cause the death of another person. If you have recently experienced a wrongful death in the family, it is natural to be uncertain about what you and your family should do next. A wrongful death claim can help you hold the responsible party accountable for their actions and secure financial compensation for the economic losses resulting from the death in question.
The Kreeger Law Firm understands the frustration and tragedy that follows an untimely death, and our goal is to help you and your family recover as fully as possible. If you believe another party is responsible for the recent death of your loved one, we can help. When you and your loved ones are ready to speak with a compassionate and responsive Citrus Heights wrongful death attorney, contact the Kreeger Law Firm and schedule a consultation with our team.
© 2023 All Rights Reserved
The information on this website is for general information purposes only. Nothing on this site should be taken as legal advice for any individual case or situation. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
Digital Marketing By: