Fresno Accidental and Wrongful Death
FAQs about accidental and wrongful death
The attorneys of The Law Office of Rick Berman & Eric Schweitzer shed some light on these frequently asked questions about accidental and wrongful death in Fresno. Contact us to discuss any questions you might have about accidental or wrongful death in Fresno.
- What is wrongful death?
- What actions qualify as grounds for a Fresno wrongful death lawsuit?
- Who can sue for wrongful death?
- What can a claimant in a California wrongful death lawsuit seek compensation for?
- What is the most common type of wrongful death case?
- How is the amount of damages determined?
What is wrongful death?
The idea behind a wrongful death lawsuit is that the deceased's death injured people who depended upon the deceased for financial or emotional support.
What actions qualify as grounds for a Fresno wrongful death lawsuit?
The wrongful act may be:
- A negligent or careless act, such as careless driving
- A reckless act
- An intentional act, such as a deliberate murder
Who can sue for wrongful death?
Under California wrongful death statutes and laws, only the heirs and dependents of the deceased are authorized to seek damages for the wrongful death of the decedent.
What can a claimant in a California wrongful death lawsuit seek compensation for?
A claimant in a California wrongful death lawsuit may seek compensation for the loss of love, companionship, and moral support of the decedent. Claimants can also seek compensation for the financial support and household services they would have received but for the negligent, accidental, or homicidal death of the victim.
What is the most common type of wrongful death case?
Negligence is the most common basis for California wrongful death lawsuits.
How is the amount of damages determined?
Survivors can usually sue for medical bills paid for the care of the person who was injured, as well as for burial expenses. But because the idea is that the survivors have been injured by the absence of the person who died, determining the amount of damages requires consideration of what probably would have occurred in the future.
The damages that can be assessed may include:
- The financial support the person who died would have contributed to the heir during either the life expectancy of the victim or the heir, whichever is shorter
- The loss of gifts or benefits the heir would have expected to receive from the victim
- Funeral and burial expenses
- The reasonable value of the household services the wrongful death victim would have provided
