A death due to the negligence of another person can be extremely hard for family members to come to terms with. No one wants their family member passing away from something that could have been preventable, whether it was intentional or accidental. Family members may want to think about filing a wrongful death claim, which is filed against the person who is at fault for the individual’s death.
Compensation for Damages
Within the wrongful death claim, the family members may also state what damages they wish to be compensated for. This may include medical expenses, funeral expenses, and anything that was damaged during the incident, such as a vehicle.
A will usually does not apply when dividing up the compensation earned through the wrongful death claim. It is usually decided on by the family where the earnings will go, or whom should receive them. A will is separate from this, and should be followed legally, and do as what is stated on the will. This may cause a strain on the family, and you may want to hire an experienced Sacramento estate planning lawyer who will help relieve any stress this may bring.
Knowing When to File a Claim
Certain surviving family members may be eligible to file a wrongful death claim for their lost loved one. Again restrictions vary from state to state on who exactly that can be. In most cases, claimants may include the victim’s surviving spouse or children, but states allow for grandparents, siblings, or life partners to file a claim. Individuals who were financially dependent on the decedent may also be able to file, even if they were not related. If several individuals wish to pursue a wrongful death claim for their loved one, these are usually combined into a single claim.
To be able to file a wrongful death claim and win, you must be able to prove a few things.
- The death was caused by the negligence of the other party on trial
- The death of your family member has caused emotional and financial strain on you and your remaining family members
- Your family member’s’ death resulted in financial costs.
If you are able to prove those listed above, meet with an attorney who will be able to use their experience and earn your family the compensation you deserve. Winning this case will not bring back your loved one or reverse what happened, but you will be able to bring justice to the person responsible for all of this pain and heartbreak.
Thanks to our contributors from Yee Law Group for their insight into estate planning and wrongful death.