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A wrongful death is when someone causes the death of another as a result of a wrongdoing or negligent act. Since, the deceased cannot bring suit, either a family member or representative of the estate typically has standing to bring suit.
California Code of Civil Procedure Section 377.60 provides that an action for a wrongful death may be brought for death “caused by the wrongful act or neglect of another.” State statutes give the decedent’s successor(s) a cause of action for the losses they have personally suffered as a result of the wrongful death.
As provided in Cal. Code Civ. Proc 377.60(a), a decedents surviving spouse or children have standing to bring a wrongful death claim. In addition, domestic partners and heirs may also have proper standing to bring a wrongful death claim.
The measure of recovery in a wrongful death claim is based on pecuniary damages (monetary) and non-pecuniary damages. Pecuniary damages include loss of support, loss of companionship, loss benefits and wages, emotional pain and suffering. The wrongful death statutes may not allow for the deceased’s pain and suffering. In addition, to pecuniary losses, punitive damages designed to punish the tortfeasor may be available to help compensate the family for the tragic loss.
There is no amount of compensation that would make a wrongful death right. The traumatic and catastrophic experience of dealing with a wrongful death can result in a lifelong of pain. If you or a loved on is in need of more information in regards to a wrongful death call Slaughter & Slaughter at 310.882.6810 for a free consultation of your claim by one of our experienced trial lawyers. Since there are applicable statutes which limit the time in which you can file your lawsuit, it is important to call immediately to avoid missing critical deadlines.
FREE CONSULTATION: 310.882.6810 NO FEE UNLESS WE WIN FLEXIBLE APPOINTMENTS AVAILABLE
Possible Wrongful Death Scenarios:
Auto Accident Auto v.s. Truck/Commercial Vehicle Pedestrian Accidents/Crosswalk/Drunk Driver Bicycle Accidents/Bike v.s. Auto Motorcycle Accidents Brain Damage and Brain Injuries Premises Liability Claims/Dangerous Conditions Defective Products Food Poisoning Actions Against Government Entities and Agencies Plane Accidents/Aviation Crashes Bus Accidents/MTA/Greyhound/School Bus
Posted by Legal Staff
