How Do You Know If You Have a Viable Wrongful Death Lawsuit?
A wrongful death case, simply defined, is one in which a person died needlessly at the negligence of another human being, organization or company. This can include everything from a drunk driver who gets behind the wheel intoxicated and kills someone, to the business owner who does not properly inspect equipment and a faulty ladder causes someone to fall to their death. When wrongful death happens, the survivors of the accident victim may be able to collect compensation from their loss – namely the family members of the deceased. If you lost a loved on to someone’s negligence contact the best attorney you can find.
First, let us talk about where the money for a wrongful death claim comes from. The money for either the settlement or the awarding comes from one or more of several places. In some cases, insurance may cover the money for the claim, either actual car insurance if this was a vehicle accident, or specific wrongful death insurance or another type of insurance that covers a company or organization when they get sued. Sometimes, the money may come directly from the person, party or organization themselves.
The amount that you can collect from a wrongful death suit will vary, depending upon several factors. For instance, if you are a spouse, you may be able to collect money for the income that your husband or wife was bringing in, even up to the end of their expected lifespan, as well as damages for loss of companionship and enjoyment of sexual activities. If you are a child of someone that died then you may be able to collect damages for gifts expected to be received, teaching and guidance from that person, as well as the financial support that they offered.
As far as who can collect from a wrongful death suit, California works on a tiered system, where if one party does not exist, other relatives may follow. Initially, it should be the spouse of the deceased, any dependent children in the household, parents that were dependent upon the deceased or any minors living in the household for at least six months that were dependent. If those parties do not exist, then grandparents or non dependent parents may file, all the way down to next-of-kin if the former persons do not exist.
If you are going to file a wrongful death lawsuit then you will need an attorney. Not only will an attorney help you to file the proper paperwork and act as your representative with the party that you are filing against, but they can advise you on everything from settlement amounts to whether or not to take a case fully to court and argue your case in court. Wrongful death attorney Emery Ledger has years of experience with cases just like yours and can help you to win the money that you deserve from a wrongful death case.
