Bringing a wrongful death claim for damages in California after a loved one has been wrongful killed can serve as a resource for surviving family members to hep with their emotional trauma and financial damages. Surviving family members should know who can bring a claim and what types of damages they may be able to recover.
Who can bring a wrongful death claim?
A wrongful death claim for damages can be brought by:
- The surviving spouse of the victim;
- The domestic partner of the victim;
- The children of the victim; and certain categories of heirs, as well as some others.
What types of damages are available in a wrongful death claim?
There are several categories of damages that surviving family members may be able to recover when their loved one has been wrongfully killed. They are intended to help the surviving family with their emotional and financial damages. Damages that may be recoverable can include compensation for expenses related to medical bills for the care of the victim; funeral and burial expenses; the lost earnings the victim would have reasonably earned had they survived; the loss of financial support; and for the loss of companionship resulting from the victim’s death.
A wrongful death claim may be brought against the negligent party responsible for the wrongful loss such as a negligent driver, negligent property owner or negligent pet owner if a fatal accident results from their negligence. Surviving family members will likely face many struggles following the unexpected loss of a loved one that a wrongful death claim may be able to help them with.