Maison Law helps families with the wrongful death claims process in California by answering their questions. For as devastating as a fatal accident is, there’s actually a limit to the amount of financial support you can get in a claim. Our experienced lawyers will be there to help your family get the most out of this process though. Contact us today for a free consultation.
Is There a Cap on Wrongful Death Claims in California?
First and foremost, a wrongful death claim in California (and anywhere else) is one of the most difficult because it involves the tragic loss of a loved one. That situation is hard enough on its own, but when you factor in the realities–lost companionship, support, love, and even finances–it’s all the more difficult.
That’s the main reason why you and your family members even have the ability to file a wrongful death claim in the first place. This allows your family to get the necessary financial support needed to move forward. Importantly, though, the circumstances that caused the fatal injuries are going to be very important.
There’s not a “cap” or limit to the damages your family can get in a wrongful death claim, except for:
- Medical malpractice claims, which has a damages cap of $500,000.
So, outside of losing a loved one because of a medical professional or facility’s negligence, you’ll be able to file a wrongful death claim and hopefully recover fair damages. Understanding how the process works, though, is going to be vital.
How Do You Get Damages in a Wrongful Death Claim?
Before you even get to the recovery portion of a wrongful death claim, you have to first understand the legal process behind it. As you might expect, the process takes the emotional and financial toll of losing someone in a fatal accident into account. With that said, though, only certain people can file a wrongful death claim on behalf of the deceased, including:
- Spouse
- Children
- Domestic partner
If there is no living spouse or children, others who may file the claim include:
- Parents
- Siblings
- Cousins
- Unmarried partners and their children
- Stepchildren
- Personal representative of the estate named in a will
Once it’s decided who can file the claim, it follows the same basic procedure as any other injury claim, meaning it can be pursued through an insurance claim out of court or a wrongful death lawsuit in civil court. However, the damages are a bit different, usually involving:
- Financial support the deceased would have provided
- The emotional connection and relationships with loved ones
- Pain and suffering from the loss
- Loss of familial support or companionship
- Lost wages and future earnings
- Funeral and burial costs
- Medical expenses before death
- Punitive damages in cases of intentional negligence
Even with a death, your family still has only two years from the date of death to file the claim. If you miss this deadline, your family could lose the financial support needed to recover and move forward.
How Can You or Your Family Maximize Damages in a Wrongful Death Claim?
Even though it’s a tragic situation, losing a loved one still involves the legal process. This means that, as the people bringing the claim, your family is going to have to present the strongest case possible for the available damages. This can get complicated in a wrongful death claim, especially if the family members filing the claim weren’t there. At the same time, though, there’s still a few ways that they can maximize the potential damages:
- Collect evidence – Gather important details about the accident, like photos, videos, and witness statements. If family members weren’t there, we can help with investigating and getting the right evidence.
- Track financial losses – Keep records of all costs related to the death, such as funeral expenses, lost wages, and future financial support your family member would have provided.
- Show emotional impact – Share how losing your loved one has affected your family emotionally and how it’s changed your lives. This can help increase damages for emotional pain and loss of companionship.
- Use medical records and experts – Make sure that there’s clear medical records and expert opinions to show the suffering you or your family member went through before passing. This can strengthen the claim for medical expenses and possibly punitive damages if the accident was caused by serious negligence.
Taking these steps will help your family build a strong case and get the financial support you need after such a tragic loss. And remember, our team can guide you through the process to make sure your family’s rights are protected.
Maison Law Helps Families in California Wrongful Death Claims
No one wants to think about losing a loved one in an accident, but serious accidents can unfortunately lead to fatal injuries. If this happens, you may need to file a wrongful death claim, which can feel overwhelming. While you don’t have to hire a lawyer, having Maison Law’s experienced team can make things easier.
Here’s how we can help:
- Looking closely into the accident to figure out what happened and who has to pay for your family’s damages.
- Gathering important evidence like medical records and other information.
- Taking care of negotiations with insurance companies to get a fair deal or settlement offer.
- Being by your side throughout the process, helping you navigate the legal side during this tough time.
Having our team on your side can lift some of the weight off your shoulders. We understand what you and your family is going through, and want to help you through the legal side of the process. Contact us today for a free consultation.
