The loss of a loved one is one of the most heart-wrenching situations to go through. It is only made worse when a loved one’s passing was caused unexpectedly by negligence. You are often left lost, wondering what to do next while trying to cope with this immeasurable loss. You might be looking for answers, and the Oakland wrongful death attorney at JML Law, A Professional Law Corporation is here to help you find the best legal options for your case while you focus on grieving your loved one.
Who Can File a Wrongful Death Claim
While the death of a loved one affects many parties, only a few are legally able to file a wrongful death lawsuit. The following parties can file a wrongful death claim:
- A spouse
- Domestic partner
- Children of the deceased
- If the deceased’s children have passed, their grandchildren can file a claim.
- Minor children who were financially dependent on the deceased such as stepchildren. They must have been over 50% dependent on the deceased to file.
- California intestate succession laws allow other parties to file a claim under specific circumstances.
Potential Compensation From a Wrongful Death Lawsuit
According to our Oakland wrongful death attorney, there are two main factors you will need to keep in mind when it comes to seeking compensation in a wrongful death case. Many personal injury cases will be determined by who was at fault; however, fault will not play a role if the death happened at work.
If your loved one was involved in an accident but was partially at fault, then the compensation you are entitled to will be reduced by the percentage of fault they are found to have. This does not mean that your compensation will be minor, as it can still be substantial regardless of how much fault your loved one had. There are several damages you may be entitled to, such as:
- Lost income
- Medical costs
- Funeral burial costs
- Pain and suffering of your loved one
- Loss of companionship
- Loss of future earnings
Regardless of where the accident occurred, the liable party’s insurance company will try to offer you the lowest possible settlement. These cases can be complex, and these companies will do as much as possible to ensure they are resolved quickly and with the least amount of compensation.
Having an Oakland wrongful death attorney on your side can help to avoid being taken advantage of by insurance companies and ensure you get the highest amount of compensation for the passing of your loved one.
Contact an Oakland Wrongful Death Attorney
It is essential to file a wrongful death claim as soon as possible since there is a two-year statute of limitations on these kinds of cases. The period begins from the date of your loved one’s death. If your loved one has passed away in an accident, you need to hire an experienced Oakland wrongful death attorney. Call JML Law, A Professional Law Corporation at 818-610-8800, or complete our contact form to discuss your case and legal options.
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Every case is unique and needs to be evaluated by our experienced lawyers. If you lose a loved one due to someone else's negligence,
