Articles and Research

About Wrongful Death

If your loved one has suffered a wrongful death as a result of someone else’s negligence, you may be entitled to financial compensation. The time after losing a loved one may not seem like the proper time to think about such things but, in reality, time is of the essence when someone has lost their life due to a negligent act. If you live in California, contacting a California wrongful death attorney is the first step in securing compensation for your loss.

What is wrongful death?

Wrongful death can be said to occur when someone’s life is lost due to an individual or entity’s negligence, carelessness, reckless or intentional act. When such an act occurs, even if it is only suspected, it is important to contact a California wrongful death attorney as soon as possible. The time factor is important, as witness statements and evidence regarding the act must be gathered as quickly as possible. Delaying contacting a reputable and experienced lawyer may mean that valuable evidence is lost or witnesses are more difficult to locate.

Accidental deaths occur frequently in the U.S. It has been estimated that a fatal injury occurs every 5 minutes. Frequent causes of accidental death include falls, fires and motor vehicle accidents.

Who can claim a wrongful death?

The laws in California regarding wrongful death permit only certain individuals with ties to the victim to seek compensation. Generally, those with the closest ties are entitled, such as the surviving spouse, the victim’s children or dependent stepchildren or minors living in the victim’s household for at least six months and dependent parents. When there are no heirs apparent from the previously listed, then parents, grandparents or siblings and their children (whether or not they were dependents of the deceased) may be entitled under the laws of intestate succession. If you are unsure whether you qualify under the law, a knowledgeable California wrongful death attorney can counsel you as to your rights.

It must be made clear that damages awarded in a wrongful death suit are only awarded to compensate a survivor(s) for their own personal losses, and not the losses of the deceased. For example, lost income will not be awarded in a wrongful death action; lost wages would fall under a personal injury claim. This type of award would belong to the victim’s estate.

What economic damages can be claimed?

Under California law, the following may be compensated:

• Lost financial support that could be expected to last either the lifetime of the victim or heir (whichever is shorter)
• Lost benefits or gifts that an heir may have rightfully expected to receive from the victim
• Funeral/burial expenses
• The monetary value of household services that the victim would have supplied to the heir
• Loss of non-monetarisms such as love, emotional support, comfort, protection, sexual relations where appropriate, training and guidance

Determining the monetary value and the right to these is complicated and requires skill and knowledge to prove your case. You will want to contact a California wrongful death attorney who is experienced in handling these types of cases.

The Law Offices of Robert Brenner have represented a multitude of people who have lost their loved ones to accidental death.

If you would like to learn more about your options and whether you are entitled to compensation for your loss, please contact us.