Dividing Compensation in Wrongful Death Cases with Several Plaintiffs
If you have lost a loved one due to another party acting negligently or intentionally, then you may have grounds for a wrongful death lawsuit. Keep in mind that others may be entitled to damages as well. When this happens, you may wonder how compensation is divided. Keep reading to get the answer and contact Law Offices of Fernando D. Vargas at 909-982-0707 if you are ready for a free legal consultation with an experienced attorney.
There May Be Several Parties with the Legal Standing to Bring a Wrongful Death Case
It is not enough to have a close relationship with a person to bring a wrongful death case for their death. In California, only certain people have the legal standing to seek financial damages. This includes spouses and children primarily, but in some cases others can be eligible as well.
For example, if a stepchild or parent were financially dependent on a loved one and that loved one died, then said stepchild or parent might have legal standing to bring a wrongful death case. This does not mean that there would be legal grounds to win the case, but there may be grounds to bring it.
Different People with Legal Standing May Have Access to Compensation for Different Damages
Just because there are several parties who have legal standing to bring a wrongful death case does not mean that they all have access to the same damages. For example, the estate may be entitled to be compensated for certain damages, such as the medical bills caused by the accident before the deceased’s death and burial costs. A spouse may be eligible for econo9mic damages such as loss of support as well as non-economic damages such as loss of care and comfort.
Ideally, the parties bringing the suit would come together and agree on how any proceeds would be distributed. However, if they cannot agree, then the court will distribute any proceeds in what they consider a “fair and just manner.”
Call Today to Find Out What Your Options Are to Bring a Wrongful Death Case
If you have lost a loved one, there are many reasons to consider talking to a personal injury attorney. Yes, you may need financial support to start over or continue on with your life. However, the case can also bring a sense of closure. If the at-fault party was not held criminally responsible for their actions then winning a personal injury case can bring with it a sense that they are being held accountable for what they did.
Remember that proving a case in civil court requires less evidence and certainty than in a criminal court. As a result, you may be able to win a wrongful death case even if criminal charges were not successful. Contact Law Offices of Fernando D. Vargas now at 909-982-0707 to request a free legal consultation.