For any Modesto family, losing a loved one unexpectedly can be utterly devastating. Particularly in the case of wrongful death of the primary caregiver caused by the negligence of another person or company, this loss can send a family into an emotional and financial tailspin. In California, you are allowed to take legal action to recover damages that will cover the costs associated with a wrongful death of the head of household, including:
- Funeral costs
- Burial costs
- Medical costs
- Loss of income/anticipated income from the deceased
What Happens When I File Suit?
Any family member can file a wrongful death claim. Because every family is affected differently, a professional attorney must handle each case with the utmost care. The attorney's job is to outline the costs associated with the loss of the loved one, as well as to calculate the amount of anticipated income that is lost as a result of death.
For example, if minor children live in a household in which one or both parents are killed, damages can be sought for future income that the parents would have brought into the home to take care of their children until they were 18 years old. Similarly, wives can collect damages in cases in which the deceased husband was the sole breadwinner of the household.
Keep in mind that the burden of proof in a wrongful death case lies with the family. This is why it's critical to have a wrongful death lawyer on your side to prosecute the negligent party. You have two years to file a claim for wrongful death in the state of California, with the exception of medical malpractice suits and asbestos-related claims.