Wrongful death suits are filed against those people who led to the death of a person intentionally or unintentionally. California law allows the successor or those people who are close to the deceased person to file a case against the party who is liable for the death. A representative of the person who has survived the tragedy is also eligible to file a lawsuit of wrongful death. Before filing such a case, it is necessary to understand the circumstances on which the case becomes valid and they are as follows.
When Does It Become Valid?
A wrongful death claim is valid in a situation where the death of a person happens due to the action of another party. To file a case under this law, a person must have got killed intentionally. This law also covers the death of a person due to the intentional or unintentional action of doctors who treated them. If a person is dead due to a vehicle accident, the relative of such a victim can also file a case against the accused under this law.
What Must Be Proven In Court?
To hold the accused liable in court, the suer must prove that it was the act of the accused that lead to the death of the victim. They must also prove that; the victim would have been stayed alive if the accused had done everything as a person of ordinary prudence. If the complainant can prove in court that the accused was responsible to take care of the victim and the negligence of their duty is the reason for the death, it will give more strength to the lawsuit.
What Can Be Claimed As Damages?
The person who filed a case of wrongful death can claim settlement from the defended for many things including the pain and suffering of the deceased person, the medical expense incurred for trying to revive the life of the person, etc. They can also claim the expenses incurred for the funeral from the accused person. A suer can also demand the accused compensation for the services that the diseased would have rendered and also for the loss of income due to his or her death.
Any person who was dependent on the deceased person for financial needs such as spouse, children, parents, etc. can file a lawsuit. Even an unmarried partner of the victim can also file a case to claim wrongful death.