The loss of a loved one is incredibly devastating. When the loss occurs due to another person or entity’s negligence, family members may be able to recover monetary damages against that person or entity. This is known as a “wrongful death” lawsuit.
A wrongful death claim allows family members to recover both economic damages, such as funeral expenses, and any wages the deceased person would have earned or financial support they would have provided, along with non-economic damages for the loss of the person’s companionship and support. These claims may be brought by close family members, such as parents or children.
A corollary claim, known as a “survival” action may also be available. Under California law, the deceased person’s estate may also bring a claim for losses suffered by the deceased person. This includes any medical bills, lost wages, or property damage that were incurred after the person was injured, but before they died. For example, if a person is gravely injured in a car crash but does not die until days or weeks later; or if an elder is abused in a nursing home and eventually passes away.
Both wrongful death and survival claims require a careful understanding of the relevant laws. KTL has the skills to handle these tragic cases, and the compassion to be there for you during the most difficult times.