Nevada City Wrongful Death Lawyer
Dealing with a death in the family is never easy. It is even more complicated when your loved one was killed due to another person or entity’s negligence, and the grief is even more daunting. Without notice, someone rings your doorbell or calls you on the phone, and your world is thrown upside down. Dealing with this type of loss takes a lot of stamina and the help of close friends and family members. There is no one way to handle a death in the family. However, it helps the bereaved to learn more about wrongful death and what can be done.
Let’s look at who can place a wrongful death claim, the types of accidents, what is covered by this type of lawsuit, and what can be done to make a difficult time easier. We’ll also explore what a wrongful death lawyer in Nevada City can do to make it easier financially. We know that none of this will make the loss of a loved one any easier, but it will make the transition period less of a financial burden.Suing for a Wrongful Death
A representative for the family sues for wrongful death and is usually the executor of the deceased person’s estate. Some of the people who might have a share in the claim include:
- Members of the immediate family: This consists of the spouse, children, adopted children, or parents of a decedent who isn’t married.
- Putative spouse or domestic partner: In California, a putative spouse is one who may be divorced or separated from the decedent but was still supported by that person. The spouse may also believe the marriage was still valid, although it wasn’t. This ruling by California courts was a result of Ceja v. Rudolph & Sletten, Inc., a case in which the deceased husband had neglected to divorce his first wife before marrying again.
- More distant members of the family: Siblings, parents, and grandparents may place a claim if no closer family members survive.
There are many different types of accidents that result in a person’s demise. They range from automobile crashes to the failure of a doctor to treat a patient appropriately. In every case, someone dies prematurely or unnecessarily. This causes the family overwhelming grief and, on occasion, anger. They wonder why this had to happen and how someone could care so little for a person’s life that their loved one was taken from them. Some of the more common types of wrongful death accidents are:
Wrongful death lawsuits allow the family to collect compensation for the financial losses resulting from the demise of a loved one. It is a personal injury lawsuit and must be filed in a specific time, or else the ability to mount a claim will be lost. If this time limit, called the statute of limitations, is not met, the court will not allow the claim to proceed. In an average family, the deceased’s support made it possible to pay household bills, the mortgage, support children living in the household, and set up inheritance plans. When an unexpected wrongful death occurs, such payments become all the more difficult to meet.Types of Compensation
As mentioned above, there are specific types of damages that need to be recovered by the immediate family of the deceased. They are:
- Medical expenses that were incurred before the individuals’ death: These are usually collected through a survival action. This type of claim is one where the family files a personal injury claim for the deceased. It is called a survival action because it persists despite the person’s death. It can also include the pain and suffering the decedent suffered prior to his or her death.
- Burial and funeral expenses: Today, the cost of end-of-life items such as burial and funeral costs are high. For many families, this is almost impossible to pay. A wrongful death claim will help with this.
- Loss of income: This category includes not only the income the deceased was making but the salary he or she would have made in the future.
- Loss of benefits: This is also covered in a wrongful death lawsuit. It includes life and health insurance premiums and all retirement benefits.
- Other losses: Loss of companionship, consortium, love, and affection can be claimed.
Nevada City wrongful death lawyer Ed Smith discusses the different types of claims:Nevada City Wrongful Death Lawyer
I’m Ed Smith, a Nevada City wrongful death lawyer. Losing a loved one is tragic enough, but grief is worsened when they were snatched away because of wrongful death. For my free and friendly advice, please call me at (530) 392-9400 or the long-distance line at (800) 404-5400. An online form is also available.
We are proud to be a California member of the National Association of Distinguished Counsel, which awards membership to lawyers who display the highest standards in their legal practices. In addition, I belong to the Million Dollar Forum, which represents lawyers who have won in excess of $1 million for a previous client.
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