It is an undeniably stressful time when you are hurt in an accident as you deal with your medical treatment and time off work. Seeing a loved one go through the same challenges is just as distressing, if not more so, because you may be unable to help. But nothing can truly compare to the devastation that comes when a family member loses their life in an accident.
Negligence is the legal concept that says everyone must act in a reasonable manner, but when someone fails to do so and another person gets hurt as a result, they can be held liable. Driving a car is a great example of this concept because all drivers must drive safely to avoid collisions. Speeding or texting breaches this responsibility, and the driver could be at fault for causing a collision and the resulting injuries. Recklessness is when a person does something that they know is dangerous and likely to hurt someone, but they disregard this risk and do it anyway.
Establishing negligence or recklessness is a key step because it could indicate who is liable to the injured victims. If the victim loses their life, our experienced Fremont lawyers could help the victim’s family file a wrongful death claim for damages.
Wrongful death claims come with some unique challenges because the victim is deceased and, in a way, would not benefit from the compensation. Most states recognize this issue, so there are laws that allow certain relatives to pursue a claim. Under California Code of Civil Procedure § 377.60, eligible relatives generally include:
The potential damages available are also different from other personal injury claims. Generally, the family may receive compensation for the costs of the funeral and cremation or burial of the deceased. If the victim received extensive medical care in an attempt to save their life, the victim’s family may also be able to recover the costs of these expenses. The loss of financial support and the loss of companionship are two other possible damages.
Every claim is going to have its own unique set of circumstances, so it is difficult to know exactly what types of compensation could be available. A deceased victim’s family in Fremont could talk to a knowledgeable attorney to find out what their claim could be worth.
If you have lost a loved one in an accident, meet with a Fremont wrongful death lawyer at Solution Now Law Firm to learn more about what you can do. Our compassionate team could provide support for you and your family through this understandably difficult time. We assign a group of experts to every case, and we offer streamlined communication, so you never have to worry about being left in the dark about your case’s progress.
