Following a fire on the 50th floor of Trump Tower in New York, one man has died, and another is critically injured. Four firefighters also suffered injuries while tackling the raging blaze, which was reported to be difficult to manage due to the logistics of accessing the apartment. According to New York Fire Commissioner Daniel Nigro, the apartment in question was “virtually entirely on fire” when firefighters attended an emergency call around 5.30 pm on Saturday, April 7. The cause of the fire, which claimed the life of a 67-year-old man is, as yet, unknown.
Could You Be Eligible to File a Wrongful Death Suit in California?
When you have lost a loved one, it is natural for anger to form part of your grieving process – in fact, it is officially recognized as one of the steps of grief, so you are most likely going to feel angry about the situation at some point. It is understandable for you to feel upset, confused, and completely devastated by what has happened, however, that does not necessarily mean that there is anyone to blame for the death. In certain circumstances, where the death occurred due to the negligence or deliberate wrongdoing of another, immediate family members may be eligible to file for wrongful death compensation.
While you should be aware of when it is not appropriate to claim wrongful death, you should also be aware when you are entitled to do. The best way of identifying whether a claim exists is by speaking to an experienced California wrongful death lawyer.
What Is Needed Before Wrongful Death Can Be Proven?
As your California wrongful death attorney will inform you during your initial consultation, certain criteria must be satisfied before a wrongful death can be proven in the eyes of the law. These conditions include:
- The defendant owing to the deceased a duty of care
- The defendant breaching that care through negligence, reckless behavior, or dangerous actions
- The breach is a direct cause of the deceased’s death
- The damages which are sought have resulted from the death
There are also strict legal rules applicable to the parties who can file a wrongful death lawsuit. Your California wrongful death attorney can discuss these in more detail but, in general, claims are limited to parents, spouse, siblings, and children of the deceased.
If you do qualify, your wrongful death suit can seek compensation and damages relating to:
- Pain and suffering experienced by your loved one prior to their death
- Medical expenses incurred as a result of the treatment your loved one required between the time of the incident and their death
- Funeral and burial costs
- Loss of the deceased’s expected future income, and the effect this may have on a surviving spouse and children
- Loss of any inheritance
- Loss of support, guidance, and nurturing
- Loss of consortium, love, and companionship
Discuss your case with a California wrongful death attorney today. To find out if you are eligible to file a wrongful death suit, and for excellent legal representation throughout the process, schedule your free consultation today by calling us on 818-783-5757.