Wrongful Death Attorneys in the City of Indio, California
Following the tragic loss of a loved one caused by another’s carelessness, justice for the victim may be attainable through a wrongful death claim.
The sudden and tragic loss of a loved one is one of the most devastating events a person can endure. Although nothing will be able to heal the grief experienced by the victim’s family, filing a wrongful death lawsuit against the perpetrator can bring some sense of justice.
When a person loses his or her life as a consequence of another’s actions, the victim’s family may have legal grounds to bring forward a wrongful death lawsuit against the wrongdoer. An attorney with experience handling wrongful death cases can discuss all available legal options.
Compassionate Legal Representation With Experience in Wrongful Death Cases
Wrongful death happens when a person loses his or her life because of the negligent actions of another person, agency, or company. In the event that you have recently lost a family member or close relative as a result of unsafe work conditions or a personal injury accident, a wrongful death litigator can help bring justice to the case.
Being in the insurance claims industry for more than 30 years, Attorney Domingo Santiago has successfully handled thousands of cases for insurance carriers such as Cigna, Allstate and more. Leaders in their respective fields, the attorneys at Castillo & Associates have a professional portfolio that includes bringing justice to more than 10,000 clients. Consider obtaining a free case evaluation by contacting the firm today.
Wrongful Death Cases in California
In a legal perspective, a wrongful death can occur when a person passes away as a result of the negligence and/or misconduct of another party. California’s wrongful death statutes apply to a variety of different situations, including:
- Fatal car accidents
- Medical malpractice
- Accidents in the workplace
- Accidents in construction zones
- Accidents caused by defective machinery
- Premises liability accidents
- Dangerous or defective product accidents
In general, a civil court can find a person liable for damages when his or her negligent actions lead to the victim’s passing. In a wrongful death claim, the negligent party’s intentions do not have much effect on the end result of the case, as proving negligent conduct does not necessarily require ill intent. What is important to demonstrate, is that the accused party failed to act in a manner that another reasonable party would, given the same circumstances.
Eligible Parties That Can File a Claim
In a wrongful death case in California, only the following individuals can file a claim on behalf of the victim:
- The decedent’s surviving spouse or domestic partner,
- The decedent’s surviving children,
- The decedent’s parents, or
- The decedent’s siblings
If these parties are not able to bring a case forward, the decedent’s dependents can file on his or her behalf, such as step-children.
Compensation Available Through a Wrongful Death Claim
When filing a wrongful death claim against a negligent party, the following damages could be recovered.
- Any medical expenses the decedent may have accumulated before his or her passing
- Post-life costs, such as funeral, burial, and memorial expenses
- A loss of wages that dependents would have expected had the victim lived
- Loss of benefits the dependents would have expected had the victim lived
- Damages for the loss of financial support, when the plaintiffs depended on the victim’s income
- Damages for the loss of comfort, care, love, companionship, and moral support
California’s Statute of Limitations on Wrongful Death Cases
When filing a claim for wrongful death, the claim must be filed no more than two years from the date of the victim’s death. When the claim is not filed in the allowable time frame, the victim’s survivors will no longer have the right to seek financial reparations. It should be noted that the statute of limitations can be changed depending on what party the claim is being filed against. For instance, the statute of limitations for a wrongful death as a result of medical negligence or government liability will be different.
Over 30 Years in Helping Families Achieve Justice
In the event that your loved one passed away as a result of another’s negligence, you should consider seeking the legal support of a qualified attorney. An experienced attorney will provide you with clarity on what legal options are best for your unique case.
The wrongful death attorneys at Castillo & Associates are exceptionally skilled in the field of wrongful death cases. With more than three decades of dedicated experience, the firm has helped over 10,000 accident victims recover the compensation they needed to heal. Consider scheduling a free initial consultation today.