When a loved one is tragically killed, the victim’s relatives often suffer an immense emotional and financial toll. Family members may suffer from a loss of income, as well as a loss of companionship, support, and consortium. A California wrongful death claim is one way for the aggrieved loved ones to obtain compensation for their loss. These wrongful death claims must be brought by the decedent’s spouse, domestic partner, children, and certain heirs, or a dependent putative spouse, children of the putative spouse, stepchildren, and parents, or a decedent’s minor dependents in some circumstances. The goal of the wrongful death lawsuit is to allow certain persons to recover compensation for the loss resulting from the decedent’s death.
To prove a wrongful death claim in California, a plaintiff must show that there was a wrongful act, a resulting death, and damages suffered by the plaintiff. Any person or entity whose wrongful act caused the decedent’s death is a potential defendant in a wrongful death claim. Generally, wrongful death actions must be brought within two years of the date of the wrongful act.
A plaintiff can recover damages for financial benefits the plaintiff would have received from the decedent, including “necessities of life,” other financial contributions, and the increased estate the plaintiff would likely have received; loss of services, advice, or training the plaintiff would likely have received from the decedent; loss of their companionship, comfort, and affection; and funeral and burial expenses.
Man Charged with Vehicular Manslaughter in Collision with Bicyclists
A man was recently charged with vehicular manslaughter after a bicyclist was killed in a collision, one news source reported. According to the California Highway Patrol, the driver was driving at a high rate of speed at around 9:20 a.m. on a Saturday morning when he reportedly lost control of the vehicle. According to police, the driver crossed the lane, drove onto the shoulder, and over-corrected when he crossed the roadway again. He hit two bicyclists that were participating in the Tour de Palm Springs race.
Evidently, the driver was driving along the race route at more than 100 miles per hour, based on witness reports. One bicyclist who was 49 years old died at the scene, and another who was 50 years old was airlifted to a hospital with major injuries. The driver suffered moderate injuries. The crash is still being investigated. Some bicyclists say that there need to be better safety measures on the course. A 55-year-old woman was hit and killed in the race in 2014.
Contact a San Bernardino Wrongful Death Lawyer
If you have lost a loved one because of another person’s or entity’s negligence, the San Bernardino wrongful death attorneys at Sharifi Firm may be able to represent you in a wrongful death claim. Our attorneys represent the families of deceased accident victims in Riverside, Rancho Cucamonga, and Temecula. We can fight tirelessly for the compensation that you need and deserve so that your family can focus on the emotional healing process. Contact us at 1-866-422-7222 or via our online form for a free consultation.
More Blog Posts:
How Do Courts Apportion Liability in California Personal Injury Cases Involving Multiple At-Fault Parties?, Southern California Injury Lawyer Blog, February 5, 2018
California Court Awards Additional Costs After Party Rejects Settlement and Loses at Trial, Southern California Injury Lawyer Blog, February 19, 2018