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What Types of Cases Involve Wrongful Death Claims?

What Types of Cases Involve Wrongful Death Claims

If a family member is killed by another party’s negligence or intentional act, there may be grounds to file a wrongful death lawsuit. How the person died isn’t important. It’s why the person died and who’s responsible, which are the key issues. The deceased could be the victim of a crime, a vehicle accident, a structure fire, or medical malpractice.

A wrongful death claim may be complex, and a grieving family shouldn’t face these challenges alone. Get the legal support of a qualified wrongful death attorney who will fight for justice and accountability on your behalf. If you’re in this situation, call a wrongful death lawyer at Castillo & Associates at 800-497-9774 today.

What is a Wrongful Death Claim?

They are civil actions filed by the victim’s survivors against the party or parties responsible, in some way, due to their wrongful action or negligence, for the person’s death. These parties, the defendants, may or may not also face criminal charges, which would be a separate legal matter. 

What Can Be Recovered in a Wrongful Death Case?

Damages are the harm you suffered measured in dollars. There are economic and non-economic damages in these cases. Economic damages may include the following:

  • Financial support the deceased would’ve contributed to the family 
  • Loss of benefits or gifts family members expected from the decedent
  • The deceased’s burial and funeral
  • A reasonable dollar value for household services the deceased would’ve provided

Non-economic damages include the dollar values of the following:

  • The lost love, comfort, companionship, assistance, care, affection, protection, moral support, and society
  • The partner’s or spouse’s loss of the enjoyment of intimacy with the decedent
  • The loss of the decedent’s guidance

Punitive damages may be awarded if a defendant is found to have acted intentionally, engaged in fraud, acted cruelly, or knew their conduct could cause a death. They are meant to punish the party and discourage it, or others, from committing similar acts in the future.

Who May File a California Wrongful Death Case?

With the help of a wrongful death lawyer, a plaintiff, the party filing the lawsuit, can be the following people who survived the deceased:

  • Their spouse
  • Their registered domestic partner
  • Their children
  • Their grandchildren

If there are no such survivors, someone entitled to inherit from the victim’s estate could be a plaintiff, such as a parent, sibling, or other dependents.

What Can Be a Basis for a Wrongful Death Lawsuit?

A party’s negligence or intentional act caused the person’s death. The following are some examples:

  • The family of a 12-year-old girl killed while paddle boarding in Mission Bay last year is suing ten parties, including the man accused of striking and killing her while he rode a Jet Ski, reports KUSI. He’s facing felony vehicular manslaughter with gross negligence charges. The Deputy Assistant Attorney on the case accuses him of traveling ten times the speed limit in the area, or 50 miles an hour, when he struck the girl. The defendants include the Jet Ski owners and the platform used to rent it
  • Multiple wrongful death lawsuits are pending against Snap, Inc., the owner of Snapchat, reports the Courthouse News Service. Plaintiffs claim the platform allows drug dealers to use the platform to sell illegal drugs to children and young adults. The plaintiffs are parents of those who bought drugs, used them, overdosed, and died
  • Four families of Marines killed in a 2022 aircraft crash in California filed a wrongful death action this year against companies involved in the aircraft, claiming they knew of flaws that caused the collision and failed to address them, according to Military.com. Companies that designed and manufactured the aircraft, along with the engine supplier, are defendants in the case
  • A wrongful death case against Tesla settled in April on the eve of an expected trial. The case was based on a fatal accident on US Highway 101 in 2018. The driver was driving to work when the car drove into a concrete divider.  The car’s partially automated driving system, Autopilot, was active, and the driver was playing video games at the time of the crash. The National Transportation Safety Board investigated the crash and found Tesla’s marketing was misleading and caused a false sense of confidence in Autopilot, reports ars Technica

Plaintiffs have two years from the person’s death to file a lawsuit. You should speak to a wrongful death Castillo & Associates attorney about your possible cases as soon as possible and not wait nearly that long.

Hire a Knowledgeable Wrongful Death Lawyer

Castillo & Associates wrongful death attorneys understand a grieving family is usually unprepared to deal with complex legal issues that may surround a loved one’s death. We offer a no-obligation consultation to those who believe they may have a valid claim against a party responsible for their family member’s death.

If you have lost a loved one because of another’s intentional act or negligence, talk to an attorney you can trust. Contact the attorneys the Castillo & Associates Law Firm today for more information.

 

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MAKING A FALSE OR FRAUDULENT WORKERS‘ COMPENSATION CLAIM IS A FELONY SUBJECT TO UP TO 5 YEARS IN PRISON OR A FINE OF UP TO $50,000 OR DOUBLE THE VALUE OF THE FRAUD, WHICHEVER IS GREATER, OR BY BOTH IMPRISONMENT AND FINE.” LAB.C. § 5432(A).

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