If a loved one has died as a result of someone’s misconduct, you may be able to file a lawsuit for wrongful death. However, you’re probably wondering what defines “misconduct”. Luckily, Guy Levy will be able to help you answer this, which is the first step towards ensuring your wrongful death lawsuit is a success. These are a few of the most important things to know if you are filing a wrongful death lawsuit:
Understand what wrongful death is
In order for a death to be considered wrongful, negligence has to occur, and you’ll need a lawyer to help you prove that this has happened. While there are various circumstances that could be considered a wrongful death, there are a few signs that will increase your chances of a successful case:
– The individual who caused the wrongful death did not follow their training
– The individual who caused the wrongful death has a history of malpractice
Even if the individual was not a medical professional, it’s still possible to successfully file a wrongful death lawsuit if they went against their training or better judgment.
Know the process of filing a wrongful death lawsuit
It’s important to understand how the process of filing a wrongful death lawsuit works prior to filing one. Wrongful death lawsuits are a type of civil proceeding, which means that they can occur independently of criminal charges. In many cases, criminal charges are not filed in addition to the wrongful death lawsuit.
If you file a wrongful death lawsuit, you’ll need to prove that the party who caused the death was negligent. In order to do this successfully, you will need a skilled lawyer. In some cases, you’ll have to go through several hearings before you are able to win your case.
How much compensation could you be entitled to?
The amount of compensation that you’ll receive depends on the nature of the case, and the state of California does not set a cap on wrongful death lawsuits. However, there is a cap of $250,000 for medical malpractice lawsuits for actions that did not result in death. In most cases, there are several things that are typically considered to determine losses in a wrongful death suit. These are a few of the most important factors that determine how much compensation you’ll receive:
– Expenses associated with the funeral
– Medical bills
– Lost income (e.g. what the individual could have earned in the future)
– Financial support that the individual would have provided
– The emotional impact of the death, loss of support, and other losses that resulted from the death
Are there any limitations in wrongful death suits?
There are limitations in regards to who can file the lawsuit in the state of California. In fact, only the children of the victim, the victim’s spouse, their domestic partner, or anyone else who is entitled to their estate can file a wrongful death case. Also, people with any of these relationships to the victim can file a wrongful death lawsuit:
– Children of the individual’s spouse
– The individual’s stepchildren
– The individual’s parents
Why you need to contact Guy Levy for your case
Guy Levy has many years of experience as a lawyer, and we have helped many people to successfully file wrongful death cases in San Diego and the surrounding area. Not only that, but we offer affordable prices. So, give us a call today to find out how you can get started with your wrongful death lawsuit.