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San Juan Capistrano Wrongful Death Lawyer
The death of a loved one can be particularly traumatic when the death was preventable and occurred due to the negligent or willful actions of another person. California law recognizes the emotional and mental anguish and the costs associated with such a death. To this end, the law allows the family of the deceased to file a civil claim to recover their damages.
If you believe the death of your loved one was due to the negligent or intentional actions of another person or party, consult with a San Juan Capistrano wrongful death lawyer to learn more about your legal rights and options. A capable personal injury lawyer could help you prove the facts of the case to hold the responsible party financially accountable.
Wrongful Death Laws in San Juan
Wrongful death lawsuits can be filed in many different situations, such as car accidents, assault and battery, drownings, murders, child abuse, elder abuse, and medical malpractice.
According to the California Code of Civil Procedure Ā§ 377.60, when someone dies as a result of another personās wrongful act, families are entitled to seek recovery of their damages. These damages may include, but are not limited to, one or more of the following:
- Funeral and cremation or burial expenses
- Monies the deceased would have received as income
- Payment for theĀ loss of the deceased’s relationship and support
Often, a wrongful death claim is filed along with a survival cause of action under the same state statute. This type of claim is for the benefit of the deceased personās estate, or the economic losses of the deceased person caused by the wrongful act that led to death. Under a survival cause of action, punitive damages may be requested as well.
An experienced San Juan Capistrano wrongful death lawyer could direct the family of the deceased regarding their legal options for filing claims.
Who Can File a Claim?
Under California law, only certain relatives or designated parties have the right to file a wrongful death lawsuit. These people include:
- Spouses
- Domestic partners
- Children
- Grandchildren (if the deceased’s children are not living)
- Other minor children (such as stepchildren) who relied on the deceased for at least half of their monetary care
- Additional parties who are eligible for the deceased’s assets under succession laws
Work with a San Juan Capistrano Wrongful Death Attorney
No amount of money can bring your loved one back or fully compensate you or your family members for the grief you may feel. However, our skilled San Juan Capistrano wrongful death lawyers could work for your family to obtain justice.
Receiving compensation in a wrongful death suit could help you pay expenses related to the death as well as expenses for any dependents of the deceased. You should not have to worry about financial obligations during this time of mental and emotional recovery.
Call today to learn more about how California wrongful death laws may benefit you.