What are the legal rights of the surviving family in a wrongful death case?
In California, the surviving family of someone who has passed away due to the wrongful act of another has the right to seek damages in a wrongful death case. This can include economic damages, including medical expenses, funeral costs, and loss of income, as well as non-economic damages, which are designed to compensate for the pain and suffering of the deceased’s family. These damages can include compensation for loss of companionship, emotional distress, and other such losses. In a wrongful death case, the estate of the deceased has the right to file a civil lawsuit in court against the person or entity responsible for the death. The lawsuit seeks monetary compensation for the damages caused by the wrongful act. In order to succeed, the family must prove that the responsible party was negligent, reckless, or otherwise at fault. In addition, the surviving family may also be eligible to receive compensation for the loss of the deceased’s relationship and support. This can include loss of love, guidance, care, and companionship. In addition, if the deceased was the family’s primary source of income, the family may be able to receive financial compensation for their loss as well. In summary, the survivors of a wrongful death in California have the right to seek damages in a wrongful death case. This includes economic and non-economic damages, as well as compensation for the loss of the deceased’s support. In order to do so, the family must file a civil lawsuit in court and prove the responsible party was negligent or at fault.
Related FAQs
How are damages awarded in a wrongful death case?What evidence do I need to prove a wrongful death case?
What are the procedural requirements of a wrongful death suit?
Can I file a wrongful death claim if the death occurred due to medical negligence?
Is a wrongful death lawsuit the same as a civil lawsuit?
What is a wrongful death action?
What is the difference between a wrongful death claim and a claim for loss of consortium?
What are the legal rights of the surviving family members?
Who can file a wrongful death claim?
Is expert testimony required to prove a wrongful death claim?
Related Blog Posts
What You Should Know About Wrongful Death Lawsuits - July 31, 2023What To Do After a Loved One Suffers Wrongful Death - August 7, 2023
Understanding Wrongful Death Statutes & Regulations - August 14, 2023
Finding the Right Wrongful Death Lawyer - August 21, 2023
5 Important Steps to Take When Filing a Wrongful Death Claim - August 28, 2023