Koreatown Wrongful Death Lawyer

What is Wrongful Death?

Wrongful death occurs when a person’s death is caused by the negligence, recklessness, or intentional misconduct of another party. In California, a wrongful death lawsuit allows the surviving family members to seek compensation for their loss. These lawsuits are designed to address both the emotional and financial impact that the death of a loved one can have on surviving family members.

To successfully file a wrongful death claim in California, there are specific legal elements that must be established. These elements include:

1. Duty of Care: The plaintiff must show that the defendant owed a duty of care to the deceased. For instance, in a car accident case, the defendant owed the duty to operate their vehicle responsibly.
2. Breach of Duty: The plaintiff must demonstrate that the defendant breached this duty of care through negligent, reckless, or wrongful actions. This breach could involve actions such as running a red light, administering improper medical treatment, or failing to maintain a safe environment.
3. Causation: It must be proven that the breach of duty directly caused the death of the victim. This means that the death would not have occurred but for the defendant’s wrongful actions.
4. Damages: The plaintiff must show that the death resulted in specific damages, such as emotional suffering, financial losses, and medical or funeral expenses. These damages are compensable in a wrongful death lawsuit.

Who Can File for Wrongful Death in California?

California law specifies who is eligible to file a wrongful death lawsuit. The following individuals are entitled to bring a wrongful death claim:

• The deceased’s surviving spouse or domestic partner: A spouse or registered domestic partner can file a claim for the wrongful death of their loved one.
• The deceased’s surviving children: The biological or adopted children of the deceased have the right to pursue a wrongful death claim.
• Other heirs: If the deceased has no spouse, domestic partner, or children, other family members, such as parents, siblings, or stepchildren who were financially dependent on the deceased, may file a wrongful death lawsuit.

In some cases, individuals who were not legally related to the deceased but were financially dependent on them may also have grounds to file a wrongful death claim.

Compensation from a Wrongful Death Claim

A wrongful death lawsuit seeks to provide financial relief for the losses suffered by the surviving family members. The damages available in a wrongful death claim can vary depending on the specific circumstances of the case. Some of the types of compensation that may be recovered include:

Economic Damages

Economic damages compensate for the financial losses that result from the death of a loved one. These damages can include:

• Loss of financial support: Compensation for the income and financial contributions the deceased would have provided had they lived.
• Funeral and burial expenses: Reimbursement for reasonable funeral and burial costs.
• Medical bills: Any medical expenses incurred as a result of the injury or illness that led to the death.
• Loss of benefits: If the deceased had health insurance, pension, or other benefits, the surviving family members may be compensated for the loss of these benefits.

Non-Economic Damages

Non-economic damages address the emotional and psychological impact of losing a loved one. These damages may include:

• Loss of companionship: Compensation for the loss of love, affection, and companionship that the surviving family members would have received from the deceased.
• Emotional distress: Compensation for the pain, suffering, and emotional distress caused by the untimely death of a loved one.
• Loss of guidance: In the case of minor children, they may be compensated for the loss of parental guidance and mentorship that the deceased would have provided.