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Losing a loved one in an accident is unimaginably difficult—especially when another party is to blame.

Although nothing can truly replace the loss of a loved one, filing a wrongful death claim on their behalf can help the family seek justice and fair compensation. 

California’s wrongful death statutes allow certain family members or other designated people the opportunity to present a claim for damages. See below to learn more about who qualifies, and don’t forget to contact a wrongful death attorney with The Kindley Firm, APC for a free evaluation. 

Determining Whom Can Sue for Wrongful Death in California

When it comes to the question of who can sue for wrongful death, it’s important to understand that each state has a different answer. 

In California, eligible family members can bring a suit when someone dies as the direct result of another person’s wrongful act. “Wrongful” can be taken to mean many different things—and a wrongful death could include one that was caused due to purely accidental, negligent, reckless, or even intentional acts. 

According to California law, eligibility to file a wrongful death claim is limited to the following family members or individuals:

• Surviving spouses or partners of the deceased
• Children
• Grandchildren
• Others with interest in the estate that qualify under California law

Compensatory damages, which are intended to compensate surviving heirs for support that they could have received from the decedent in their lifetime, can include both economic and non-economic damages, such as:

• Medical bills
• Lost income
• Loss of future income
• End-of-life expenses
• Emotional damages

Regardless of the nature of the event that led to the loss of your loved one—from car accidents, pedestrian accidents, work accidents, or others—an experienced attorney can help you maximize your potential settlement.

Get Help from a Wrongful Death Attorney

Have you experienced the loss of a loved one in an accident or due to an intentional act? Let a wrongful death attorney with The Kindley Firm, APC review your case for free. 

Call us at 619-550-1313 or fill out the form on your right to learn more. 

When negligent or intentionally violent actions bring about the loss of your family member, you have the right to file a lawsuit under California law. 

Scroll to learn more about the way wrongful death lawsuits work in California and how you can schedule a free consultation with a personal injury attorney near you. 

Understanding Wrongful Death Lawsuits in California

In California, as in other states around the country, a wrongful death claim can be brought by the family of the deceased when the death was the result of negligent, careless, or intentional acts. 

Specifically, when another party is deemed to be at fault, the family of the decedent may be eligible to recover compensation in the form of economic and non-economic damages related to the death of their loved one. 

Some common examples of contributing factors in wrongful death cases include:

• Car accidents
• Bus accidents
• Motorcycle accidents
• Pedestrian accidents
• Work accidents
• Medical malpractice
• Intentional acts, including assault, or even police brutality

Unlike certain criminal charges that a defendant can face for their role in your loved one’s passing, lawsuits deal exclusively with the question of civil liability. As a result, the punishment for being found responsible for your loved one’s loss would not be jail time from a lawsuit, but rather, compensation payments in the form of damages. 

Some examples of people who can file a wrongful death claim in California include:

• The surviving spouse or partner of the deceased
• Their children
• Grandchildren, when the deceased’s children are also deceased

In other instances, claims can even be brought by other family members who might have an interest in the estate or who might be entitled to the deceased’s property. 

Some of the damages you can receive in a wrongful death claim include:

• Medical bills
• Lost income
• Emotional damages
• End-of-life expenses
• Punitive damages
• More

Have You Lost a Loved One? Find Out How We Can Help

The pain you can experience after the death of a loved one can be agonizing. When someone else is responsible, The Kindley Firm, APC can help you file a claim that helps your family secure justice for your loved one’s memory. 

Call us at 619-550-1313 or fill out the form below for more information and to schedule a free consultation. 

If you are in the middle of a personal injury lawsuit or have experience with civil court cases, you have maybe heard the term punitive damages. A less common form of compensation in personal injury cases, punitive damages differ from both economic and non-economic damages. The fundamental difference is that punitive damages are designed as a punishment for reckless or malicious actions of a defendant.

How Do Punitive Damages Work? 

Punitive damages are different because they are not indemnifying the victim. They are awarded as punishment meant to deter the defendant from re-committing the behavior or act.

Punitive damages are never given alone, but in addition to compensatory damages. 

In order to receive punitive damages, a judge has determined the defendant’s actions or behavior were malicious or especially negligent. The court and judge may also look at other similar cases to determine the amount of punitive damages to be awarded. 

Each state works a little differently when it comes to punitive damages. Consult your local lawyer for specific information about your case and how punitive damages may affect your outcome.

Partnering with a Lawyer 

If you were injured in a car accident, slip-and-fall accident, or another type of personal injury, you may be wondering whether your case qualifies for a punitive damages award. It’s important to know that punitive damages are not often awarded. 

Nevertheless, your trusted attorney from The Kindle Firm, APC will ensure all your documents are filed on time and give you a better idea of whether your case is one that could be awarded punitive damages. 

Get Ahold of a Lawyer Today

For assistance with your personal injury claim, contact The Kindley Firm, APC for a free consultation by calling 619-550-1313. You can also visit our website and fill out the contact form.

We are committed to helping members of our community find justice for the suffering caused by malice and negligent actions of another.

As an experienced driver, you know how important it is to make good decisions behind the wheel—not only for your own good, but for the safety of others. 

Sometimes, however, the reckless or careless driving of someone else can cause a crash, leaving you with injuries, medical bills, and other related losses. 

Read on to learn more about reckless driving, and don’t hesitate to contact a car accident lawyer for a free consultation. 

Legal Definition of Reckless Driving

When discussing reckless driving, it’s important to understand people who commit the act of driving without care for others can be subject to both civil and criminal penalties. If someone else’s reckless driving caused your injuries, you can contact an experienced car accident attorney for help fighting for fair compensation. 

According to California state law, reckless driving involves driving a vehicle “on a highway in willful or wanton disregard” for the safety of others. 

This means willfully driving in a way that puts others at risk of injury, whether you mean to cause harm or cause no harm, could expose you to criminal punishments. 

The punishments for offenders can range from jail time to fines and, of course, a permanent dent in their driving record. 

Reckless Driving Factors in Car Accidents

If you suffer the consequences of someone else’s reckless driving, it means little to you that they’ve been punished if you’re left dealing with medical bills, property damages, and other damages after an accident. 

You can file a car accident claim against the responsible party to help you recover compensation. 

Some examples of reckless driving that could lead to a lawsuit include:

• Speeding
• Driving drunk 
• Driving distracted 
• Driving tired 
• Breaking other rules of the road

In order to collect a settlement, you’ll have to demonstrate how the responsible party’s misconduct behind the wheel connects to your injuries and damages.

An experienced attorney can help you do this, and even collect a maximum settlement. 

Contact a Car Accident Lawyer

Have you been injured in a car accident? Don’t let the reckless actions of responsible driver go unpunished. Let a car accident attorney with The Kindley Firm, APC, help you recover a cash settlement. 

Call 619-550-1313 or fill out the form on our website to learn more and schedule a free consultation.