A wrongful death claim is a legal action brought by surviving family members or dependents of someone who has died due to the negligence or intentional act of another person. A wrongful death claim seeks compensation for the loss of earnings, services, and support that the deceased would have provided had they lived. In California, there are specific laws governing wrongful death claims and the process for filing a claim. If you need assistance, don’t hesitate to contact us today to schedule a free consultation.
Common Causes of Wrongful Death
There are many potential causes of wrongful death, including the following:
Car accidents
Car accident cases are some of the most common causes of wrongful death claims. They often occur due to driver negligence such as distracted driving or impaired driving, and they can involve an accident with another vehicle or a pedestrian.
Workplace accidents
Workplace accident cases often involve employers failing to provide adequate safety training and/or protective gear resulting in employee injury or death. These cases can also involve third parties whose negligent actions led to an employee’s injury or death at work (such as faulty construction equipment). Depending on the circumstances, you will either need to file a wrongful death claim or a workers’ compensation claim to recover death benefits.
Slips and falls
Slip and fall cases involve property owners failing to maintain their premises thus resulting in an individual slipping and falling due to dangerous conditions–for example, wet floors without warning signs present. If the owner knew or should have known about the condition, you could be able to recover compensation for your losses.
Defective products
Defective product cases involve manufacturers releasing products with design or production defects that cause harm when used properly. These cases can also involve manufacturers releasing products without proper warnings about possible risks associated with using them.
Who Can File a Wrongful Death Claim in California?
If you have lost a loved one due to the negligence or recklessness of another person, filing a wrongful death claim can help your family recover compensation for their loss. The following parties can file a wrongful death claim in the state of California:
Surviving Spouse
In California, the surviving spouse has the right to file a wrongful death claim against the negligent party. Domestic partners also have the right to file a wrongful death claim.
Surviving Children
The surviving children of the deceased have the right to file a wrongful death claim in California as well. In most cases, this includes any children who were born to or adopted by the decedent. In addition, stepchildren may also qualify if they can prove that they were dependent on the decedent.
Parents
The parents of a deceased person may also be able to file a wrongful death claim in California if they lost their minor child or an adult child with no descendants, or if they can demonstrate that they were financially dependent on their child at the time of their passing.
Other Heirs
If there is no spouse or child who survives the deceased, other family members who are considered to be heirs under California intestacy laws have the right to file a wrongful death claim.
Heirs are those who would legally inherit from the deceased person’s property had they passed without leaving behind a will. These people could include siblings and other family members such as grandparents and aunts/uncles.
Why Hire Rodriguez & Associates For Your Wrongful Death Claim?
We understand how devastating it is to lose a loved one and how it can be made even worse when their passing was totally avoidable. We want to help you get the justice you deserve. Here’s why we’re the right choice:
- We provide aggressive but compassionate representation to all our clients. When you hire us, we treat you like family and will do whatever it takes to get you justice
- With more than 100 years of combined experience, we understand what it takes to be successful. We have been successful in at least 95% of our cases.
- When you hire us, you get big firm results with small firm service. You aren’t just a number to us.
If you need help filing a wrongful death claim, contact Rodriguez & Associates today to schedule a free consultation.