The death of a loved one is always a shock. A death caused by someone else’s negligence, a “wrongful death” is tragic. Getting immediate legal help is essential. The very nature of a personal injury or wrongful death is unexpected. The victim and his or her family is unprepared for the event and the numerous problems that follow. Typically there is a loss of income to the remaining family which is devastating along with a loss of care, comfort and society.
Unlike most other personal injury matters a wrongful death claim is based on specific California statutes, starting with C.C.P. 377.60. This Code of Civil Procedure establishes and describes just who can bring a claim for wrongful death. In general the immediate family of the deceased have the right to be compensated for their loss due to someone’s negligence. That compensation includes future loss of income that would have been provided as well as the loss of love, companionship, affection and moral support. Each surviving family members who has the right to make a wrongful death claim has a separate and personal claim.
As with all personal injury matters the wrongful conduct to establish a claim has to be proven by those making the claim as do all of the losses associated with it. It is a complicated and difficult procedure at a time when people are dealing with extreme emotions. As such, any wrongful death claimant should consult with an attorney.