Monterey Wrongful Death Attorney
Nothing is more tragic than the death of a family member or loved one. This loss is magnified when the death is wrongfully caused by the negligence or wrongdoing of another party. Most states, including California, have specific laws which address wrongful death claims. These laws control who may bring a wrongful death lawsuit and the damages that are recoverable. If you are grieving the loss of a loved one, the last thing you have time to think about is recovering from the wrong-doer that cause the death. The attorneys at the Piccuta Law Group, LLP are here to help and ready to advance your claims in a wrongful death lawsuit.
To prevail in a wrongful death lawsuit, one must prove that a death occurred that was caused by the wrongful act of another and that it caused loss to the person advancing the lawsuit. Generally, the following individuals may advance a wrongful death lawsuit under California law: a surviving spouse, a domestic partner, children, grandchildren (in certain situations), a “common law” spouse, stepchildren and parents. California’s wrongful death statutes hold that a wrongful death lawsuit must join all family members or heirs that have an interest in the outcome. In other words, multiple family members or heirs may not file more than one wrongful death lawsuit.
There are different damages that family members or heirs may claim in a wrongful death lawsuit. Generally, each family member or heir may claim his or her own particular loss due to the death. This includes compensation for loss of: household services, future earnings, love, companionship, comfort, moral support, care and protection. Funeral or burial expenses are also recoverable. Damages for the deceased’s medical expenses and pain and suffering are not recoverable under the wrongful death statutes, but may be recovered in a survival action. A survival action involves advancing claims that the deceased would have been able to if he was still alive. Click here for more information on survival actions.
Losing a loved one is a devastating and soul-shattering situation. When the individual that passed away is the primary source of support, his or her family members are immediately thrust into a state of panic and fear. Where is future financial support going to come from? Who is going to pay the mortgage and put food on the table? How am I going to find a job? Can I get some kind of assistance or benefits? When you are faced with a tough situation and the weight of the world is on your shoulders, the attorneys at the Piccuta Law Group, LLP are here to listen and provide support. We will evaluate your claims, advise you of the laws, and inform you of your options. If you have a case, we will advance it aggressively to see that you are fully compensated for your loss. Please contact one of our attorneys today to discuss your situation.