Nobody wants to see one of their loved ones dying needlessly because of somebody else’s negligence and our wrongful death attorneys here at the Law Offices of Howard Kornberg in Santa Monica California, will provide every assistance to help the rightful descendant making a claim against the person or people who were responsible for your family member’s untimely death.
California’s wrongful death legislation is designed to help anybody in the deceased’s family who was dependent or reliant on the deceased in any way. This usually means that a claim can be won in order to help the surviving spouse or children who were dependent on their father or mother or both. It is possible that older people who are dependent on the family at stake here will also be included in the wrongful death claim if they were also dependent on the person who has been killed.
Wrongful death claims are relatively recent in the U.S.
Wrongful death claims have not been around for that long. It was originally assumed that it was hard for anybody who had already been killed to be compensated for the accident they were involved in, but it was realized at some point that it was important to ensure that the person’s dependents were adequately cared for after the death of somebody who had been responsible for their financial well being.
The term wrongful death covers any death of a person because of somebody else’s carelessness or negligence. It can be used to describe a fatality caused by a collision with an 18 wheeler, surgery that was badly misjudged or a defective product failure, amongst many other ways people can act negligently.
California’s wrongful death laws look at the relative needs in the family
Here in California, the beneficiaries of a wrongful death claim are carefully decided by a judge who looks at the needs of the people in the deceased’s immediate family and also, anybody else who is living at his or her home. The first people to potentially benefit are the surviving spouse and dependent children. If there are none of these then any dependent parents who are living at the deceased’s home may be considered. If there are no surviving parents, then it is possible that the judge may decide on a payment to any surviving relatives of the dead person based on normal intestate laws.
Whoever benefits from a wrongful death claim, is not entitled to allow the beneficiaries to make large sums of cash because of the death of their close relative. It is intended to help them overcome the lack of a breadwinner in the family or to compensate for the potential loss of somebody who could have supported them when they were older.
Wrongful death claims help as a deterrent
Wrongful death claims indeed do more than just benefit members of a family who have lost a loved one. They send a strong message out into the community that negligent behavior is wrong and that any behavior that causes the needless death of somebody else cannot be tolerated.
Wrongful death payments will never bring somebody back to life, but can help to bring some sense of closure to the family affected and allow them to get on with their lives without being financially handicapped by their loss.
Most wrongful death claims are settled out of court
Wrongful death payments will normally be the result of an intense negotiation between us, as your acting wrongful death attorneys, and the insurance company or companies that represent the person or persons who caused the death of your family member. As long as this person was insured, as would most likely be the case if the accident that caused the fatality was a vehicle accident, then the insurance company of the defendant will pay the compensation amount. Most settlements are made out of court between us and the insurance company. It is only in a few cases that we have to take the claim to trial.
We at the Law Offices of Howard Kornberg take these sorts of fatalities very seriously and vigorously pursue any wrongful death claim that we handle on the behalf of the survivors of that victim. We act aggressively to recover an amount that is fair and just and will help to pay the expenses of those people who have been so unfortunate to have lost a breadwinner, companion, parent, son or daughter.