New Law Provides Additional Compensation In California Wrongful Death Claims

The unexpected passing of a loved one is devastating. When it occurs due to negligence on the part of others involved, you may be able to hold them accountable through a wrongful death claim. At the Allen Law Firm, we provide the caring support and comprehensive legal service needed in this situation.

Filing a wrongful death lawsuit in Monterey can help you get a sense of justice and the compensation you need to recover from your loss. Our Monterey personal injury lawyers explain how recent changes in California law could increase the amount you are entitled to.

Wrongful Death Claims In Monterey  

Wrongful death is defined under the California Code of Civil Procedure as one that occurs due to the wrongful acts or negligence of others. Negligence means taking actions that put others at risk or failing to take reasonable precautions to prevent personal injuries. In cases where injuries prove fatal, the victim’s survivors may be entitled to compensation. This includes:

• Their spouse or domestic partner;
• Children, stepchildren, grandchildren, and legal wards;
• Parents, grandparents, and legal custodians;
• Their personal representative or anyone otherwise entitled to inherit from their estate.

Filing a wrongful death lawsuit against those at fault can help grieving families get a sense of justice. It can also provide compensation for funeral expenses, outstanding medical costs, and other losses incurred as a result.

New Law Increases Damages in Survivor Action

When fatal injuries happen, it is often attributed to so-called ‘accidents’. Motor vehicle crashes and falls are among the most common causes. Injuries may prove immediately fatal or the victim may succumb days, weeks, or even months after. In this later situation, a wrongful death claim is referred to as a survivor action. Under a recently passed law, family members in these cases may be entitled to additional compensation.

California Senate Bill 477 was signed by Governor Newsome in late 2021 and went into effect on January 1, 2022. It allows family members in survivor actions to get compensation for the pain and suffering their loved one endured in the time between their accident and their death, which was something not previously covered. This is in addition to other damages available in a Monterey wrongful death lawsuit, including:

• Economic damages, covering outstanding medical expenses, funeral costs, and lost wages;
• Non-economic damages, which compensate you for loss of companionship and lost enjoyment in life;
• Exemplary damages, which is an additional amount designed to punish the at-fault party for behavior that was particularly willful and negligent.

Reach Out To Our Monterey Wrongful Death Lawyers Today

At The Allen Law Firm, we provide the caring support and comprehensive legal representation you need in dealing with the tragic loss of a loved one.  As experienced Monterey wrongful death lawyers, you can count on us to help you get a sense of justice and the compensation your family needs to recover. To request a consultation, call or contact our office online today.

Sources:

leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?sectionNum=377.60.&lawCode=CCP

leginfo.legislature.ca.gov/faces/billNavClient.xhtml?bill_id=202120220SB447