{"id":3059,"date":"2024-05-08T14:13:26","date_gmt":"2024-05-08T21:13:26","guid":{"rendered":"https:\/\/harshlaw.com\/?page_id=3059"},"modified":"2024-05-08T15:44:39","modified_gmt":"2024-05-08T22:44:39","slug":"wrongful-death","status":"publish","type":"page","link":"https:\/\/harshlaw.com\/practice-areas\/wrongful-death\/","title":{"rendered":"Wrongful Death"},"content":{"rendered":"\t\t
Losing a loved one in an accident is a profoundly distressing experience. During this challenging time, it’s essential to understand the legal rights and options available to you and your family. At Harsh Law, we are dedicated to supporting families in California through their most difficult moments by providing clear, compassionate, and effective legal guidance. This article outlines the key legal avenues you might consider if your family has faced such a tragic loss.<\/p>
A wrongful death claim is a civil lawsuit that can be filed when a person’s death has been caused by the negligence or wrongful act of another. In California, these claims aim to compensate the deceased’s survivors for the losses they have suffered due to their loved one’s untimely death.<\/p>
\u00a0<\/strong><\/p> Survival actions allow for the continuation of personal injury claims that the deceased could have pursued had they lived. These claims are made on behalf of the decedent’s estate, rather than directly compensating the family members for their personal loss. Understanding the nuances of these claims is crucial for families seeking justice on behalf of a loved one.<\/p> Survival actions differ from wrongful death claims in that they focus on the rights of the deceased rather than the survivors. A survival action is brought on behalf of the deceased’s estate for claims the deceased could have filed had they lived.<\/p> The damages in a survival action are limited to the losses the deceased suffered before death. These may include:<\/p> Unlike wrongful death claims, which are intended to compensate the family members for their losses, survival actions are essentially an extension of the personal injury claims the decedent could have filed if they had survived. This legal approach is designed to recover losses that occurred between the initial injury and the individual’s death.<\/p> \u00a0<\/strong><\/p> Survival actions can only be filed by the executor or administrator of the deceased’s estate. If the deceased had a will, the executor named in the will would handle this responsibility. In the absence of a will, a court may appoint an administrator.<\/p> Unlike wrongful death claims, survival actions are subject to certain limitations:<\/p> \u00a0<\/strong><\/p> Navigating the aftermath of a loved one’s fatal accident involves complex legal and emotional challenges. At Harsh Law, our approach is to handle your case with the utmost sensitivity and dedication, allowing you to focus on healing.<\/p> \u00a0<\/strong><\/p> If your family is navigating the aftermath of a fatal accident, you are not alone. The legal team at Harsh Law is here to help you explore all available legal options and work tirelessly to ensure justice is served. We invite you to reach out to us for a consultation to discuss your specific circumstances and how we can assist you during this difficult time.<\/p>Survival Actions in California<\/strong><\/h4>
Key Aspects of Survival Actions:<\/strong><\/h4>
Purpose and Basis of Survival Actions<\/strong><\/h4>
Who Can File a Survival Action?<\/strong><\/h4>
Limitations on Survival Actions<\/strong><\/h3>
Navigating the Legal Process<\/strong><\/h3>
Conclusion<\/strong><\/h3>