The Butte County Camp Fire incident is driving numerous individuals to file wrongful death claims on behalf of their loved ones. It is important to determine whether this type of claim could benefit you.
At the Marlene Leiva Law Group, we help families of loved ones that died in the Camp Fire incident obtain compensation through wrongful death lawsuits. Although these lawsuits do not help families get their loved ones back, they work to prevent future negligence from happening and can greatly help alleviate some of the financial burdens they face.
Who Can File A Wrongful Death Lawsuit?
According to California Code of Civil Procedure Section 377.60, there are individuals that may recover compensation for damages sustained by a preventable death. These claims are filed under wrongful death lawsuits against the responsible party. Some parties that are entitled to recover damages include:
- The spouse of the decedent
- Children or stepchildren of the decedent
- Live in minors of the decent so long as they depended on the decedent for a period of six months prior to the incident
- Parents of the decedent, so long as they depended on him or her financially
If no surviving person fits these categories, the law allows other interested parties to file wrongful death claims against the responsible parties. This includes:
- Parents of the decedent that did not depend on him or her financially
- Siblings of the decedent
- If no living siblings, nieces or nephews can file
- The decedent’s grandparents
- The decedent’s spouse’s children
- The next of kin
What Types Of Damages Are Recoverable?
There are six different types of damages that are recoverable for a California Wild Fire wrongful death lawsuit. These include:
Medical bills and funeral costs: In several cases, victims of the Camp Fire incident sustained enormous medical bills as doctors made endless attempts to save their lives. A wrongful death claim can help you get all of the money spent on medical bills as well as all of the money you had to pay for funeral expenses.
Loss of income: Compensation for loss of income is often one of the highest paying forms of compensation awarded in a wrongful death case. These damages take into consideration the amount of money the decedent made, how many years of work they had left before retirement, and the possibility of higher salaries and inflation.
Loss of benefits: When a working adult is killed, it can deprive surviving relatives of health care, pension plans, social security, and retirement benefits. Courts will often calculate the probable worth of all of these benefits and award the loss to the claimant.
Pain and suffering: In certain cases, compensation for pain and suffering is awarded to claimants. These damages are intended to compensate claimants for emotional stress they endured as the result of the death. These are often awarded in situations where the surviving relatives witness the death and for those traumatized by the events.
Punitive damages: Unlike other damages, punitive damages do not require a claimant to prove any type of loss. Instead, these damages are awarded to survivors in an effort to punish the responsible party and in the hopes of preventing future tragedies from happening.
Hiring A Wrongful Death Attorney Will Help You Immensely
At the Brandy Law Group, we have over thirty years of experiencing helping claimants obtain the maximum amount of compensation available for their wrongful death claims. The Butte County Camp Fire incident was a tragedy that should never have occurred. Contact us now so we can help you get justice for your loved one.