The Butte County Camp Fire was a tragic event that resulted in the loss of innocent lives. What makes this matter worse is that it was completely preventable. The loss of a loved one can have a damaging impact on families, especially when surviving relatives were financially dependent upon them. Under California law, certain individuals are entitled to file wrongful death claims on behalf of their loved ones who have died due to the negligence of another party.
Although no amount of money will ever replace your loved one, compensation for damages can help your family alleviate some of the growing financial burden that resulted from this tragic event.
When it comes to receiving justice on behalf of your relative, it is crucial that you work with a reputable attorney that can help you receive the maximum compensation you are entitled to. At the Marlene Leiva Law Group, we are here to help you and your family deal with the aftermath of this horrific event.
What Most Be Proven In A Wrongful Death Claim?
In order to find a defendant liable for the death of your loved one, it is crucial for your claim must prove that the defendant owed the victim a duty of care and that the defendant breached this duty. The claim must further prove that the breach of this duty directly caused the death of the victim and that there were damages sustained as a result of the death.
Who Can File A Wrongful Death Lawsuit?
California Code of Civil Procedure Section 377.60 allows certain individuals to recover compensation for wrongful deaths resulting from the Camp Fire. These individuals typically include:
- The surviving spouse of the decedent
- The decedent’s children
- Minors that depended on the decedent financially for a period of six months prior to the incident that led to the death
- The decedent’s stepchildren
- The dependent parents of the decedent
If no surviving person fits these categories, the law allows other interested parties to file wrongful death claims against the responsible parties. This includes:
- The non-dependent parents of the decedent
- Siblings
- Children of deceased siblings as long as their parents are not alive to file
- Grandparents of the decedent
- Children of the decedent’s spouse
- The next of kin
In situations where a decedent specifies a personal representative in their estate, they are able to file a wrongful death action on behalf of anyone listed above and distribute recovered damages according to the wrongful death statute.
Hire A Wrongful Death Attorney To Help You
When several parties are entitled to file claims, but one does, it can lead to more complicated legal problems. It is important to hire a knowledgeable lawyer to help you get the justice you deserve.
With over 30 years of experience, we are available at Marlene Leiva Law Group to help you get started on your wrongful death claim from the Camp Fire incident. Contact our firm today to schedule a free consultation. We are committed to work hard for you in order to obtain the compensation and justice you deserve.