Grieving After a Traffic Tragedy: What Sets Wrongful Death Claims Apart from Injury Lawsuits in CA
After a serious traffic accident, loved ones are often left navigating a legal world that is entirely unfamiliar to them. In a regular personal injury case, your energy may be focused on medical bills, following your doctor’s treatment plan, and making up for lost income at work. Wrongful death claims throw families into an entirely new type of claim, and they’re left asking tough legal questions while trying to handle the loss of a loved one. That’s why it’s so important to talk to a wrongful death attorney in the Inland Empire as soon as possible.
When you choose DeWitt Algorri & Algorri, LLP, you tap into our extensive experience in wrongful death law. We’ve seen how an unexpected death caused by another person’s negligence can devastate a family and leave them unsure of what comes next or how to proceed. Attorney Ernest Algorri has handled a wide range of wrongful death claims against a variety of defendants, giving him the experience needed to help your family find closure. Call our wrongful death law firm at 855-WINNING (946-6464) to schedule a consultation with our team right away.
The Purpose of Wrongful Death Claims
California law recognizes that when someone passes away due to another party’s negligence, the deceased is not the only person affected. Family members lose companionship, love, support, and financial security. Wrongful death claims are separate from personal injury claims in that they aim to make surviving family members whole for their losses. These losses are separate from the injuries and pain the deceased suffered.
In comparison, personal injury claims aim to address the costs and losses that the victim suffered. That framework is no longer relevant when the victim passes away.
Who Can File in California
California state law specifies who can file a wrongful death claim. These parties include the surviving spouse or domestic partner, children, or anyone who would have been entitled to inherit under the laws of intestate succession if there are no children or spouse. The law also allows those who are dependent on the deceased as a putative spouse, the putative spouse’s children, stepchildren, parents, or legal guardians. The first step for family members seeking justice is to speak with a wrongful death lawyer.
How These Claims Differ From Injury Lawsuits
Personal injury lawsuits focus on the injured person’s losses, pain, and experience. Damages include medical expenses, lost wages, property damage, pain and suffering, and other related expenses. The ultimate goal is to make them whole (to the extent possible) for what they suffered while injured.
The main difference in a wrongful death claim is that the focus is on the surviving loved ones’ losses. The law recognizes that these losses are also valuable and worthy of compensation.
Financial Losses
The financial losses of a wrongful death claim are different from those of a personal injury claim. Your wrongful death attorney will walk you through the losses you may potentially be able to recover. These expenses include the cost of funeral and burial services, which can be extraordinarily high and make an already painful situation even more stressful.
Beyond the immediate costs associated with the loss of a loved one, a wrongful death claim may also provide compensation for the loss of future income and benefits the decedent would have provided had they survived. Families can also seek compensation for the loss of household services the decedent provided, such as child care, home maintenance, or caregiving of other family members.
Emotional and Relational Losses
This is the most irreplaceable aspect of a wrongful death claim—and unfortunately, it’s where insurance companies most often try to limit what they pay victims. These losses can never be repaired via financial compensation, but because it’s the only measure offered in these situations, it’s the only path forward. It’s important to work with a compassionate and experienced wrongful death lawyer in these cases, as they can approach these topics with the care they deserve while negotiating in terms that insurance companies will take seriously.
Explore Your Options With DeWitt Algorri & Algorri, LLP
The team at DeWitt Algorri & Algorri, LLP knows how overwhelming your grief may be in this difficult time, and we’re here to help manage your legal needs while you focus on healing. Call us at 855-WINNING (946-6464) or get in touch online to set up a consultation at our wrongful death law firm.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
