It is devastating to lose a family member, but even more painful when it was due to the negligence of another person. From medical malpractice to a drunk driving car accident, a successful wrongful death suit can provide some financial assistance for funerals, medical bills or loss of income for a grief-stricken family when they need it most. It is important to note that the standard of proof for wrongful death claims is less strict than that of a criminal court, but it is still important to act quickly and have the necessary evidence. According to California Law, the spouse, domestic partner, children, or parents of the decedent can file a wrongful death claim. The plaintiff must provide evidence of the following circumstances for a successful wrongful death claim.
- Proof of death-Firstly the plaintiff must provide evidence of the deceased family member.
- Proof of negligence- The death of the family member was a direct cause of negligence or ill intent.
- Proof of financial hardship- The family must provide evidence that they are suffering financially due to death of the family member (funeral expenses, medical bills, or loss of income).
- Proof of estate representative- The appointment of a personal representative to handle the decedent’s estate.
During this emotional time, the last thing a grieving family wants to do is think about a court case and file a wrongful death claim. Unfortunately in California, this type of claim is time-sensitive and must be made within 2 years of the incident. There is so much to adjust to when we lose a family member- not to mention the stress and financial burden a funeral can cause. We are here for you and want to help. Contact us at Hogan Injury and let us take care of you and help you with your wrongful death claim during this incredibly tragic time.