Losing a loved one is a heartbreaking experience. Losing a loved one due to preventable negligence leaves is indescribable. It shakes the very foundations of our existence. In the midst of immense grief and pain, it can be incredibly challenging to have the strength to seek the justice you and your loved one deserve. This includes navigating the complex legal aspects surrounding a wrongful death claim, while struggling to deal with the emotional trauma and loss.
If you are experiencing such a loss of a loved one due to negligence, we at Jassim Law extend our deepest condolences to those who have suffered such a tragic loss and offer our empathetic support as we delve into the sensitive topic of seeking justice and finding solace in the face of an unimaginable tragedy.
At Jassim Law, we understand that you have suffered a profound loss, and in recognition of the pain you’re enduring, we want to make seeking justice as accessible as possible. This means that we want you to focus on healing, while we handle everything else.
Our Santee wrongful death lawyers come to you, both figuratively and literally, extending our empathetic support and legal expertise to help you navigate the aftermath of a wrongful death. We are able to come to your home for a consultation. We also offer video, Zoom, and of course telephone consultations, allowing us to connect and provide guidance no matter where you are. Together, let us strive for justice and work towards creating safer communities.
Seeking Justice for Your Loved Ones: Who Can File a Wrongful Death Lawsuit in California?
In California, the law recognizes the importance of holding responsible parties accountable for wrongful deaths. While the primary focus of a wrongful death lawsuit is to compensate the surviving family members for their losses, not everyone has the legal standing to file such a claim. California Code of Civil Procedure section 377.60 outlines the category of individuals who can bring a wrongful death lawsuit. Let’s explore the eligible parties in detail:
- Spouse or Domestic Partner: If the deceased had a surviving spouse or registered domestic partner, they have a right to file a wrongful death claim.
- Children: The deceased’s children also have a right to pursue a lawsuit for wrongful death.
- Putative Spouse: A putative spouse is someone who had a good faith belief that they were married to the deceased, despite a legal defect in their marriage. They may be eligible to file a wrongful death lawsuit.
- Children of the Putative Spouse: If the putative spouse has children from the relationship, they may also have the right to bring a claim.
- Parents of the Deceased: If the deceased had living parents, they may have the standing to file a wrongful death lawsuit.
- Other Dependents: Any other individuals who can prove that they were financially dependent on the deceased, including minor children, may be able to pursue a wrongful death claim.
Wrongful death claims are complex, and face many challenges. The Santee wrongful death attorneys at Jassim Law is here to fight for justice on behalf of your loved one. By working together, we can strive to bring about a sense of closure.
Seeking Closure and Compensation: Understanding Damages in a California Wrongful Death Lawsuit and Survival Actions
In California, a wrongful death lawsuit aims to compensate surviving family members for the losses they have suffered as a result of their loved one’s untimely death.
In addition to a wrongful death action, the law allows the estate of the deceased to seek compensation for damages the deceased suffered prior to death. This is authorized by California Code of Civil Procedure Section 377.30. This is called a “survival action.”
Unlike a wrongful death action, a survival action allows the deceased’s estate to sue for damages the deceased sustained before death. This includes medical expenses, lost wages, and even pain, suffering, and other non-economic damages sustained prior to death.
While each case is unique, and the specific damages may vary, the following are some common types of damages that can be pursued:
- Financial Losses: These can include the loss of financial support the deceased would have provided to the family, such as income, benefits, and future earnings.
- Funeral and Burial Expenses: The costs associated with the funeral, burial, or memorial services can be included in the economic damages sought.
- Loss of Companionship, Care, Love, Protection, Affection, Society and Moral Support: Compensation for the emotional impact and loss of love, companionship, and emotional support resulting from the wrongful death.
- Loss of Guidance and Mentorship: If the deceased provided guidance and mentorship to their surviving children, damages may be sought to address this loss.
- Emotional Distress: The mental anguish, sorrow, and emotional suffering experienced by the surviving family members can be considered for compensation.
- Loss of Household Services: Damages can be sought for the value of the household services that the deceased would have provided, such as childcare, housekeeping, or maintenance.
- Loss of Enjoyment of Sexual Relations (if applicable)
- Punitive Damages: In cases involving gross negligence or intentional misconduct, punitive damages may be awarded to punish the responsible party and deter similar behavior in the future. However, it’s important to note that punitive damages are not awarded in every wrongful death case and require a higher burden of proof.
At Jassim Law, we understand the immense pain you are going through, and we are here to offer our unwavering support and expertise. You should contact a Santee wrongful death lawyer as soon as possible. We will guide you through the legal process, gathering evidence, negotiating with insurance companies, and advocating for your rights, while providing the compassionate and personalized attention you deserve.
How a Wrongful Death Attorney Can Help You
Losing a loved one in a wrongful death incident is devastating, and it can leave you feeling overwhelmed and uncertain about the legal steps to take. During such difficult times, a compassionate and skilled wrongful death attorney can provide invaluable support.
Additionally, we have seen in many cases that the individual wrongfully killed did not have an opportunity to tell investigating authorities how an accident occurred, due to the severity of their injuries. Essentially, this means they were not able to tell their side of the story, and other at-fault and involved parties easily point the blame, or the bulk of the blame, onto the deceased person.
Here’s how Jassim Law can help:
- Thoroughly investigating every detail of your case IMMEDIATELY
- Collecting and preserving vital evidence and witness statements
- Using physical evidence to learn and describe how your loved one was injured or killed
- Hiring the best experts in your case requires
- Going to the scene and reconstructing how the accident occurred
- Securing any evidence, surveillance video, photos, and witness statements
- Helping you organize medical bills and other expenses
- Ensuring your loved one receives the best medical care, no matter what health insurance coverage you may or may not have
- Filing all paperwork correctly and on time
- Advocating aggressively for your rights and interests inside and outside of court
- Supporting you through every step of California’s claims process
- Preserving and pursuing “survival actions.”
- Determining if the negligent party was on the job at the time of the accident
- Determining whether additional parties or entities are at fault
- Answering your legal questions
- Keeping you updated on the status of your case
- Negotiating with all parties on your behalf
A compassionate and experienced Santee wrongful death lawyer from Jassim Law can provide essential guidance, support, and expertise during this challenging time. This allows you to focus on healing while your attorney fights for you and is the voice of your loved one.
Secure Fair Wrongful Death Compensation with the Help of Jassim Law
Losing someone dear to us is an unimaginable tragedy, but when that loss is due to someone else’s negligence, pursuing justice becomes crucial. In California, certain individuals have the legal standing to file a wrongful death lawsuit, seeking compensation for their losses. At Jassim Law, we empathize with your pain and are dedicated to helping you navigate the legal complexities involved.
Don’t face the aftermath of a wrongful death or personal injury alone. Jassim Law is here to offer you compassionate support, unmatched expertise, and over 20 years of experience in advocating for justice. Our principal attorney, Attorney Pajman Jassim, is a graduate of a prestigious national trial advocacy college and has been recognized as a SuperLawyer Rising Star and SuperLawyer for multiple years through 2023.
With our proven track record of achieving numerous 7-8 figure recoveries against formidable defendants and government entities, we have the knowledge and skill to fight for your rights. Beyond seeking financial compensation, we are dedicated to keeping communities safer and empathizing with the pain and suffering of personal injury victims. Contact our Santee wrongful death attorneys today for a free consultation through our contact form or call (619) 554-0624, and let us stand by your side, ensuring your voice is heard and justice is served.