Losing a loved one because of someone else’s negligence is an unimaginable tragedy, and no legal action can ever truly ease that pain. What a wrongful death claim can do, however, is provide your family with a measure of justice and the financial support needed to begin moving forward during this difficult time.

At Swift Justice, Inc., our experienced Santa Clarita wrongful death lawyer is here to stand beside you with care and compassion. Our caring personal injury attorneys are committed to guiding you through the process with sensitivity while working to protect your family’s future.

Wrongful Death Claims

If the victim could have filed a personal injury claim had they survived, then their survivors can file a wrongful death claim with the help of a lawyer in Santa Clarita. Serious accidents that can ultimately prove fatal and support claims of wrongful death include:

Wrongful death claims are designed to compensate the survivors of victims for related losses that are addressed by the law.

The Basis for a Wrongful Death Claim

A wrongful death claim must be based on the victim’s right to file a personal injury claim if they had survived the accident. The elements that must apply for this condition to be met include each of the following:

  • The at-fault party owed your loved one a duty of care
  • The at-fault party breached this duty of care by being negligent
  • The at-fault party’s negligence was the direct cause of the accident that proved fatal
  • Your family suffered damages as a result of your tragic loss
  • Your loved one incurred damages before their death to bring a survival claim

Our attorney in Santa Clarita could help you discover these elements and begin the process of filing a death claim caused by negligence.

Who Has the Legal Right To File a Wrongful Death Claim?

In the state, those survivors who are entitled to file a wrongful death claim include:

  • The spouse
  • The domestic partner
  • Children
  • Parents (if the above do not exist)
  • Siblings or other beneficiaries (if none of the above exist)

If no survivors exist other than parents or siblings, and they want to file a claim, they must be entitled to inherit under California’s laws of intestacy. A negligent death lawyer in Santa Clarita could help determine if there is an entitlement.

Furthermore, if there is a putative spouse—someone who believes in good faith that they were married to the decedent—they may also have the right to file. This also applies to any stepchildren who were financially dependent on the decedent.

Related Losses

In an unjust death claim, you could seek compensation in Santa Clarita with the help of our lawyer for a wide range of serious losses. These include the cost of your loved one’s funeral and burial, the value related to the household services your loved one had performed, such as maintenance or childcare, and any lost income and related benefits, such as health insurance and retirement benefits.

In addition to these economic damages, there are non-economic losses to consider. These include the immense emotional distress associated with losing a loved one to someone else’s negligence. Your pain and suffering and loss of care, comfort, and companionship can make the recovery process far more challenging and may surpass your other losses.

Survival Actions

Our Santa Clarita lawyer could file a survival action with a wrongful death claim to recover more comprehensive compensation. A survival action could cover the losses your loved one suffered from the time of the accident to their death. Prime examples include your lost loved one’s final medical bills, their lost income, and the pain and suffering they endured.

Speak to an Experienced Santa Clarita Wrongful Death Attorney Today

Our Santa Clarita wrongful death lawyer at Swift Justice has a wealth of experience helping our valued clients navigate the challenging path toward fair compensation. We care about you and your case and could fight for the justice you deserve. Call us today to discuss how we could help you.

Contact Us!