California Wrongful Death Attorney
According to California law, a wrongful death claim is a case arising from a person's death that is caused by another party. A wrongful death claim is brought by certain surviving family members of the deceased individual.
In a wrongful death case, the surviving family members contend that the deceased individual was killed because of the negligent, reckless, or intentional conduct of another party. These individuals contend that they are entitled to monetary compensation as a result of the conduct of the party that caused the death of the deceased family member.
California law sets forth the priority in which family members can pursue a wrongful death claim. In the first line of priority are a surviving spouse and children. These individuals have the ability to make individual claims for compensation. In addition, they can also make a claim for compensation jointly.
Next in line of priority in a wrongful death case are the deceased individual's parents. After the parents are the deceased person's siblings. The children of siblings are next in line of priority. Grandparents are next in the line of priority in a wrongful death case. Minors not related to the decedent, who had lived in the residence of the deceased person are next in line, if the deceased individual had provided support for these children.
The types of compensation awarded in a California wrongful death case depend on the facts and circumstances surrounding the accident that killed the family member. With that said, a wrongful death attorney commonly seeks compensation for a client to cover losses that include:
- Funeral and burial expenses;
- Final medical expenses;
- Lost companionship;
- Lost consortium;
- Lost support;
- Lost income.
In addition, punitive or exemplary damages may be claimed in a wrongful death lawsuit. This type of compensation is awarded when the party that caused the death was particularly reckless or egregious. When these events occur, the skilled legal professionals at the Law Offices of Burg & Brock are here to help, and we work on a contingency fee basis. That means, we don’t get paid until your case is successfully resolved.