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Should I pursue a wrongful death claim?

On Behalf of | Sep 10, 2021 | Personal Injury

If you’ve lost a loved one due to the negligent actions of another person, you probably have a lot going on in your head right now. Feelings of despair and anger have likely taken over your life, as has the stress of handling your loved one’s final affairs. It can all be too much for any one person to handle on his or her own. Thankfully, California laws allow family members of wrongful death victims to seek relief by filing legal claims against the responsible party or parties.

You might be wondering why you should consider pursuing a wrongful death claim. What good would it do you? Is it worth the time and stress involved? What will it help you achieve? Do you even have a case?

The benefits of pursuing a wrongful death claim

As previously stated, the main benefit of pursuing a wrongful death claim is the potential to achieve relief for your losses. If your case is successful, through settlement or litigation, you may receive monetary damages for:

  • Resulting financial losses — current and future
  • Loss of consortium
  • Emotional suffering
  • Loss of support

Another reason some California residents choose to file wrongful death claims is for closure. While nothing can replace the life lost, there is a level of satisfaction in knowing the party responsible for your loved one’s death has been held accountable.

Do you have a case?

Certain elements must exist in your case to receive a positive outcome. These elements include:

  • Death of a loved one
  • Negligence as a cause of death
  • Financial losses suffered by surviving family members

A personal representative of the decedent’s estate must be appointed, and it is this individual who can file the wrongful death claim. This representative may be the executor, designated in the decedent’s estate plan, or an individual appointed by a judge.

Worth your time

While the idea of filing a wrongful death claim may be stressful and intimidating, it may be worth your time if it helps you achieve some level of relief in the end. You should not have to bear the burden of your loved one’s death on your own. You do not have to fight for compensation on your own either. With help, you can determine if you have a wrongful death case and, if you do, take the necessary actions to seek maximum compensation for your losses.

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