Wrongful Death

Turlock Personal Injury Lawyer

When a person dies as the result of another's negligence, carelessness or wrongful act, certain eligible family members may be able to recover damages by filing wrongful death claims. Similar to personal injury claims, wrongful death lawsuits are filed in a civil court and are conducted separately from any criminal proceedings. Due to their highly emotional nature and dense legal difficulties, wrongful death claims require attentive, understanding and experienced legal representation.

Eligible Family Members
According to the California Code of Civil Procedure § 377.60 - 377.62, the state's wrongful death statute, wrongful death claims can be filed by a decedent's personal representatives or by the decedent's surviving spouse, domestic partner, or children. Other dependents of the decedent, such as their putative spouse, children of the putative spouse, stepchildren or parents may also be able to pursue claims.

Awarding Damages
When wrongful death claims effectively establish liability on behalf of a wrongdoer, a court will award family members monetary compensation for economic damages, non-economic damages and, in some cases, punitive damages. Economic damages can include any medical expenses incurred as the result a decedent's injuries prior to their death and funeral expenses. Courts will also calculate award family members compensation for the loss of probable financial support a victim would have provided had they not passed away. Non-economic damages may also be awarded for the decedent's pain and suffering prior to death, and for the psychological and emotional damages endured by the family, including their grief and loss of companionship and camaraderie. In certain cases that involve egregious acts of negligence, courts may award punitive damages to further punish wrongdoers.

Fighting for the Rights of Victims and Families

At Habbas & Associates, we have helped numerous families through the difficult wrongful death legal proceedings and have obtained justice and fair compensation on their behalf. We take these claims extremely serious and always remain compassionate, understanding and available to our clients. Families should be aware that California imposes a statute of limitations for wrongful death claims and that they should seek legal assistance as soon as possible. With our sincere support and legal aid, you and your loved ones can successfully resolve your case and focus on your futures. Contact Habbas & Associates today.