What are the legal rights of the surviving family members?
In California, surviving family members of a deceased individual have legal rights related to wrongful death. The most common legal right that surviving family members possess is the right to file a wrongful death lawsuit. A wrongful death lawsuit allows the surviving family members to seek financial compensation for such things as the deceased’s medical expenses, funeral costs, and pain and suffering. Other legal rights that surviving family members may have include the right to seek damages for the loss of financial support, loss of companionship, and mental anguish. In addition, in California, wrongful death lawsuits may also be filed on behalf of minor children, allowing the court to provide for their future needs. Surviving family members may also be entitled to punitive damages if the death was caused by the intentional or negligent behavior of another party. These damages are awarded to punish the defendant and to prevent others from committing the same type of acts. It is important to note that in order to succeed in a wrongful death lawsuit, the survivors must prove that the death was caused by the negligence or intentional act of another party. It is also important to act quickly, as there are time limits placed on when a wrongful death lawsuit can be filed. An experienced wrongful death attorney can assist survivors in navigating the legal process and obtaining the compensation they deserve.
Related FAQs
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