Wrongful death as a legal term is a death that has been caused by the fault of another person. For example, deaths caused by drunk driving, the manufacture of a defective or dangerous product, the construction of an unsound structure or building, or failing to diagnose a fatal disease may be considered under the law as "wrongful deaths".
Wrongful death lawsuits or claims are generally filed by family members or beneficiaries of the decedent. In some instances, these claims are filed in order to obtain monetary damages to cover the earnings the deceased person would have provided. Other damages that may be recovered include:
- The loss of the decedent's love, companionship, comfort, care, assistance, protection, affection, society and moral support
- The loss of the enjoyment of sexual relations
- The loss of the decedent's training an guidance
- Financial support that the decedent would have contributed to the family during his expected lifetime
- Expense associated with the death, e.g., medical and funeral.
- Lost benefits, such as insurance, from the death
Understanding the family and the impact on the family is the key to obtaining the highest compensation. You need an attorney who becomes involved with the family so that he really understands who the deceased person was, what that person's goals and dreams were; what were his/her passions and hobbies; who were his/her friends; what was the person's community involvement; what guidance did the deceased provide for the family; how he/she is now missed. This takes a lot of time, understanding and compassion.
If you live in the Northern California area, and you have a loved one who has suffered a wrongful death, you are eligible to receive compensation under the law. Call us at 510-337-1600 or contact us online for a FREE consultation.