Do You Need a Wrongful Death Attorney in Santa Barbara, California?
Dealing with the loss of a loved one is one of the most heart-wrenching experiences for anyone: Especially if the death is untimely and due to intentional act or negligence of another. Wrongful Death is a civil action, separate from any possible criminal charges. This means that even if a criminal defendant is acquitted of murder or manslaughter charge, he or she may still be found liable for wrongful death.
A Wrongful Death Lawsuit may be brought for either an intentional or unintentional act that caused the death. For instance, a punch to the face of a person, which results in death, is construed as an intentional act, even if the culprit did not intend to kill. The driver of a vehicle who negligently causes the death of a person in an accident may also be held liable under Wrongful Death Doctrine. Wrongful Death suits can also stem from hospital workers negligence, such as performing surgical errors, misdiagnosing a health condition, prematurely discharging a patient; malpractice of a doctor or any medical professional. Who is entitled to file a Wrongful Death Lawsuit? The individuals entitled to sue vary from state to state. Initially Wrongful Death Tort was created to provide financial support for widows and orphans of the decedent. However, now most statutes permit a surviving spouse, next of kin, or children to sue. Some states even allow a separated surviving spouse to bring an action for recovery. Moreover, parents may sue for the wrongful death of their children. In some states, only minor children are allowed to sue for the death of a parent. Similarly, some state statutes preclude a parent from recovering for the death of an adult child who is financially independent or married. Compensation for Wrongful Death All states allow recovery of money. The factors that courts consider to determine the amount include: 1. The income of the deceased 2. Loss of companionship 3. The savings of the deceased 4. Loss of guidance and mentorship of children 5. The degree to which survivors were financially dependent on the deceased 6. Expenses incurred by survivors for medical and funeral costs, etc. While no amount of money can ever compensate for the death of a loved one, being financially secure in your future and bringing the wrongdoer/s to justice can provide a sense of closure. Furthermore, making transgressors pay would, hopefully, deter them from more wrongdoings in the future.
As mentioned above, Wrongful Death laws are widely different in each state and highly complex. Moreover, during grieving period, consideration of a wrongful death lawsuit can easily slip your mind. However, please remember that the time period, which you are allowed to file a wrongful death lawsuit is limited. If you do not file within a specific time period, the statute of limitation could forever bar your right to compensation. It is equally important that you retain a highly competent, credible and compassionate Wrongful Death Lawyer to help you obtain Justice. You can find such lawyers at: http://www.ChosenLawyers.com Your initial Case Evaluation is always FREE and Convenient. You can have a LIVE CHAT with your Chosen Lawyer via your Private, Secure and Confidential Communication portal from wherever you are. Thank You!