When a person dies due to the wrongful act of another, their surviving family members have the right to pursue compensation by filing a wrongful death claim. Wrongful death claims are similar to personal injury claims in that plaintiffs must prove negligence, causation, and damages in order to recover compensation. However, there are some stark differences between wrongful death and personal injury claims, too. If you have lost a loved one due to the negligence of another, here are some answers to frequently asked questions about wrongful death accidents that may be helpful to you–
Who Can File a Wrongful Death Claim?
Only certain parties are allowed to file a wrongful death claim after losing a loved one in California. Per Section 377.60 of California Code of Civil Procedure, these parties include the decedent’s:
- Spouse or Domestic partner;
- Parents of the Decedent;
- Relatives who would be entitled to the property of the decedent per the state’s intestate succession laws; and
- Dependents who relied upon the decedent at the time of their death;
- Any minor who resided with the Decedent for 180 days prior to Decedent’s death;
What Damages Are Recoverable in a Wrongful Death Claim?
The specific amount of damages that an individual can recover in a wrongful death claim in Ventura is dependent upon the amount of losses beneficiaries have suffered. That being said, the types of damages that are recoverable include burial expenses, funeral expenses, medical bills prior to death, the value of the decedent’s lost wages and benefits, loss of love and community, loss of guidance and moral support, and loss of household services and punitive damages.
How Much Does a Wrongful Death Law Firm Cost to Hire?
Most people want to know how much a wrongful death claim will cost them to pursue before they take action. At the Quirk Law Firm, LLP, our Ventura accident attorneys work on a contingency fee basis, which means you never have to pay for services upfront. Instead, if your case is successful, we will be paid based on a percentage of your winnings. We also handle all upfront fees, like the costs of hiring experts, so that you never have to worry about whether or not you can afford a wrongful death claim.
If you have more questions, contact our Ventura accident attorney, Trevor Quirk, today. Our personal injury and trial attorneys at our wrongful death law firm care about you and will work hard on your behalf.
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Ventura, California 93003