Providing Guidance After Tragedy
Losing a loved one is never an easy experience. When your loss is complicated by the fact that an other’s negligence, carelessness or wrongful act played a contributing role in your loved one’s death, these matters can become increasingly complex and overwhelming. At Duncan Law Firm, P.C., I offer my compassionate support and guidance to families forced to endure the struggles of a wrongful death.
Through my work, I aim to honor the gravity of what my clients are facing. I pride myself on taking the time to ensure that my clients are fully educated about their rights, the legal process and what they can expect. Not only does my approach put the humanity of my clients above all else, it also leads to better results.
What Is Wrongful Death And Who Can File A Claim?
As a legal term, wrongful death is used to describe the death of any person caused by the wrongful act or negligence of another. Such a situation may arise out of a variety of circumstances, including auto accidents, truck accidents, medical malpractice and others. When an individual passes as the result of another’s wrongful act or neglect, certain family members of the deceased will be eligible to recover monetary compensation from the at-fault person or party.
Under the California wrongful death statute, § 3.77.60 – 3.7762 of the Code of Civil Procedure, wrongful death claims can be filed by the decedent’s living spouse, domestic partner or children dependent on the decedent. In the event that there are surviving immediate relatives, other family members who would be eligible to inherit property through intestate succession may be eligible to pursue a claim.
How Is Compensation Awarded For Wrongful Death?
Compensation is awarded according to the facts inherent to a case. Generally, eligible family members are eligible to recover any physical, emotional and/or financial damages resulting from their loved one’s death. A decedent’s pain and suffering, as well as the emotional damages suffered by their loved ones, will be considered by the court when awarding damages. Family members will also be eligible to recover financial expenses to cover any medical costs, funeral costs and the loss of financial support of the decedent.
In certain cases that involve intentional misconduct or gross acts of negligence, families may also be able to obtain additional compensation in the form of punitive damages. Punitive damages are not awarded in every case, as they serve as further punishment and set an exemplary statement that deters others from committing the same acts. If punitive damages are applicable in a wrongful death case, I will work tirelessly to present clear and convincing evidence of a wrongdoer’s intentional misconduct and/or egregious negligence to further maximize compensation.
Reach Out Today
During this difficult time, you can rely on me to give you the honest counsel and compassionate representation that you require. Please contact my office to learn how I may help you receive the justice that you deserve after your tragedy.