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Understanding Wrongful Death Claims 

October 5, 2022
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Losing a loved one can be a difficult and emotional time in someone’s life, especially if their passing was associated with another’s negligence or misconduct of another. Individuals often have questions and concerns about the next steps to take in receiving compensation for their loss. Understanding the legal proceedings that occur for a wrongful death claim can help those seeking compensation feel more at ease during the process. An attorney at Bogaards Law is here to help individuals understand wrongful death claims and how our services can help during this time. 

What Is a Wrongful Death Claim?

A wrongful death occurs when an individual’s passing results from another’s negligent behavior. This can include deaths that occur for a wide variety of reasons, including:

  • Automobile or motorcycle accidents
  • Occupational exposure to hazardous conditions or substances
  • Criminal behavior
  • Reckless or negligent actions by a business or government entity

Individuals affected by the loved one’s death can file a wrongful death claim in California. California law allows the estate or family members to sue the individual responsible for the death. In addition, it specifies that acts considered negligent or intentional are recognized in wrongful death claims. 

What Compensation Comes With a Wrongful Death Claim?

There are various ways that individuals can be compensated for their losses. Compensation may be awarded to pay for burial and funeral expenses for the deceased. In addition, money may be awarded to those that are affected by the deceased’s lost income, such as a surviving spouse and any children. 

In addition to damages that may be paid, an individual can claim loss of consortium. 

California refers to the loss of consortium as the loss of companionship, intimacy, or support proceeding a wrongful act. Only spouses or domestic partners are eligible to claim compensation from a loss of consortium. There is no set amount of compensation that a person can receive through the loss of consortium. The jury will decide a fair amount based on the needs of the individual and the situation that’s taken place. 

California works to provide fair compensation to those affected by their loved one’s death. However, according to the statute of limitations for a wrongful death claim, an individual has two years from the deceased’s passing to file a wrongful death claim. If an individual fails to file by this timeframe, it’s likely that they will not be permitted to file.

How Can Bogaards Law Help Me?

At Bogaards Law, we’re here to help you understand the legal proceedings that occur after a wrongful death. We can answer any questions you may have regarding how to file a claim and what compensation may be available to you. With over 35 years of experience, our team knows how to help individuals recover their losses from a wrongful death claim. 

Contact Our Team Today

If you have questions about wrongful death claims in California, contact our team today. We’re happy to help with all of your legal needs.

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