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Los Banos Wrongful Death Lawyer
Wrongful death isn’t a subject that most people think about until they are faced with it after losing a loved one. A wrongful death happens when a loved one’s life is lost due to another person’s or entity’s negligent actions. It is a tragically difficult time for the surviving family members. They didn’t get a chance to say goodbye, may feel guilty by wondering if they could have prevented it, and are overwhelmed with grief.Helping a Family Following a Loved One's Wrongful DeathFriends and family members are sympathetic when someone loses a loved one. However, they are not always sure how to express or show the empathy they feel as family members go through the different grief stages from anger, shock, and disbelief to final acceptance. Some of the ways a friend or other family member can help include some of the following suggestions:
- Offer a listening ear to someone who is grieving, especially if it is a recent loss. Talking about the loss of a loved one is how people begin to address their grief.
- If you live long distance, send a sympathy card, flowers, or make a donation to the deceased person’s favorite charity in remembrance.
- Send over food that you’ve prepared at home or order a meal to be delivered. Those who are grieving often forget to eat and this kind of remembrance will be appreciated. Keep in mind that some people have food allergies, so asking first might be a good idea.
- Pitch in to help around the house when you visit. If you ask, the answer will probably be no, so just see what work needs to be done and do it from washing dishes to mowing the lawn.
- Offer to accompany a person who is grieving to run errands, or offer to drive them yourself. Because they are preoccupied, it might not be the best time for them to drive alone.
- If the grieving person is without family support, offer to accompany them to the funeral home to make the arrangements.
Along with the loss of their loved one, the family may face monetary hardship, especially if their loved one was a breadwinner. An experienced Los Banos wrongful death attorney can help survivors get compensation for that loss. It won’t help ease their grief; however, it can address the financial burden, so they can heal from their loss with less stress.
Who Can Apply for Wrongful Death Compensation in California?Members of the family who were supported by the decedent can become part of a wrongful death lawsuit. The following family members can file for wrongful death:
- The spouse or putative spouse
- Children in the household, whether natural or adopted
- Stepchildren who were supported at least by 50 percent by the decedent
- Parents of a deceased child
- Putative spouse and children of the putative spouse
A wrongful death may occur due to the following causes:
- Car accidents: Traffic collisions are the most common cause of wrongful death. They may include a car, truck, bicycle, motorcycle, pedestrian, or others. A driver may run a red light, be drunk or distracted, or many other types of negligence. The one thing they have in common is that the death was unnecessary and was caused by someone’s lack of care toward others.
- Defective products: According to the U.S. Consumer Product Safety Commission, more than 21,000 people die each year because of a defective product.
- Medical malpractice: Medical malpractice may range from a physician’s misdiagnosis to poor care in a hospital or a pharmacist’s wrong prescription. Surgical and treatment errors can also lead to wrongful death.
- Work accidents: Although workers’ compensation covers most fatalities that happen in a work situation, if a third party was the cause, a wrongful death lawsuit can be filed.
- Farm accidents: Common causes of farm accidents include rollovers, falls, and entanglements.
- Motorcycle crashes: A motorcycle accident is commonly caused by another driver. However, in some cases, a defective part, government negligence, or other causes are responsible.
- Pedestrian fatalities: Most pedestrian fatalities are caused by a negligent driver but can happen due to government negligence and other reasons.
- Common carriers: Carriers such as buses, taxis, and vehicles for hire can be held responsible if negligence is the fatality cause.
Watch the following video presented by Los Banos wrongful death lawyer, Ed Smith, to learn more about these types of cases:
Proving Wrongful Death in CaliforniaJust as in other personal injury claims, a wrongful death must be proved for family members to place a claim for damages. Four areas must be shown:
- A duty of care was owed by the entity or individual to the person who died, such as behaving the way a normal, law-abiding person would in the same situation.
- The individual or entity failed in that duty.
- Because of the failure of care, someone lost their life.
- Monetary damages to the family arose because of that loss of life.
The heirs of those who lose a loved one because of wrongful death may claim financial compensation for the following:
- Funeral and burial expenses
- Loss of support the decedent would have provided in the future
- Loss of inheritance
- Loss of the deceased person’s guidance, care, and training for their children
- Loss of affection, comfort, and moral support
- Loss of household services, which may include car maintenance, lawn care, or other duties the decedent normally performed
- Punitive damages if the individual died through egregious actions
Families who lost a loved one in Los Banos due to negligence may file a wrongful death claim. While it will not ease grief, it can help the family move forward financially. Call one of our lawyers for free, friendly advice at (209) 227-1931 or (800) 404-5400 to see what options are available to you.
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