Daniel A. Higson
Attorney at Law
Recovering from the death of a family member is one of the most difficult challenges in life. Overwhelmed with grief and the weight of new responsibilities, figuring out what to do next can seem impossible. You can count on Dan Higson to guide you through every step of the process of a wrongful death claim. He can help you get the compensation you and your family deserve.
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What is Wrongful Death?
A wrongful death claim arises when a person dies as a result of the negligence or fault of another person. This includes many situations, such as vehicle accidents, defective products, workplace accidents, and medical malpractice, among others. In such a case, the deceased’s beneficiaries may be entitled to monetary compensation for damages.
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What are Included in Damages?
Determining the amount of compensation due in a wrongful death case is complicated. The loss of a loved one has lasting effects that cannot be easily assigned monetary values. Whether the person was a spouse, parent, child, or other relation, these losses may be felt by those left behind for the rest of their lives. In California, there are three major kinds of damages in a wrongful death claim:
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The loss of love, care, comfort, affection, companionship, guidance, and other emotional benefits offered by the deceased.
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The loss of household support, including home care and cleaning, food preparation, and running errands.
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The loss of overall financial support provided by the deceased.
These types of loss combine together in different ways depending on the relationship between the deceased and each remaining relative filing the claim.
Who Can File a Claim?
In California, only one wrongful death lawsuit can be created for a person’s death, but several people can join together in the same lawsuit. There is an order assigned to the relatives of the deceased that determines who can file the claim. The first tier of relatives includes the spouse, children, and grandchildren. If there are no surviving members of this tier of the family, then the next in line who can file a claim include parents, siblings, nieces and nephews, and grandparents. If none of these relatives remain, other family members may file, such as stepchildren or a putative spouse.
Should I Contact a Wrongful Death Attorney?
Wrongful death claims can be confusing and involved, and they come at a time of great stress and sorrow. A good personal injury lawyer, such as Dan Higson, will help you through this tough time and make sure that you get the compensation you deserve. If you have any questions about a wrongful death claim, contact Dan Higson today.