In the fall of 2018, several people lost their lives in an event that was completely preventable. Losing a loved one due to another party’s negligence can be extremely devastating. It is important that we hold those who contributed to the horrific Butte County Camp fire accountable for their actions.
At Marlene Leiva Law Group, we are available to help you and your loved ones get the compensation you deserve from this devastating fire.
Causes Of Wrongful Death Due To The Butte County Wild Fire
Individuals have lost their lives in the Camp Fire either due to burn injuries or smoke inhalation. Both of these instances are devastating to the victims, as well as their families, who can only imagine what they must have experienced in the last moments of their lives.
Burn Injuries: Individuals that sustain severe burn injuries typically die as the result of complications related to their injuries and not just the burn itself. Shock, infection, respiratory problems, and organ failure are all tragically contributed to burn injuries. These individuals usually succumb to their injuries within one week of the incident.
Smoke Inhalation: This is the leading cause of death in fires. Smoke inhalation prevents oxygen from reaching your lungs. Instead, it releases harm and toxic chemicals into the body. When this occurs, the lungs and other vital organs shut down due to oxygen deprivation.
California Wrongful Death Lawsuits
Under California Code of Civil Procedure Section 377.60, certain relatives are able to secure recovery compensation, or financial damages, in California by filing a wrongful death claim against the responsible party. These relatives typically include:
- The surviving spouse of the decedent
- The decedent’s children
- The decedent’s stepchildren
- Minors who lived in the decedent’s home for at least six months prior to the incident that led to the death
- The decedent’s dependent parents
If there are no survivors in any of these categories, the law extends the right of other interested parties to file wrongful death claims against the responsible parties. This includes:
- The decedent’s parents that are not dependents
- 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
The decedent’s personal representative is entitled to file a wrongful death action on behalf of anyone listed above. Received proceeds are then entered into the decedent’s estate and distributed according to the wrongful death statute.
Quite often, several claimants come forward to file a wrongful death case. This can lead to legal problems if there are multiple relatives that are entitled to bringing up a lawsuit but only one does.
It is important for anyone interested in filing a wrongful death claim due to California wildfires to contact an experienced lawyer. At Marlene Leiva Law Group, we have over 30 years of experience with helping California citizens file wrongful death claims. We are available to help you get the compensation you deserve.