
How a Wrongful Death Attorney Can Help You Navigate Legal Challenges
What to do in the event of a wrongful death?
California law permits you to recoup related monetary damages if a loved one passed away due to wrongful death. But it’s more complicated than just filling out a claim form. Before declaring someone liable for a wrongful death and, thus, financially responsible for the resulting repercussions, the state demands that courts and a number of processes be followed.
According to the United States’ 2017 wrongful death statistics, 169,936 people died, or 6% of all fatalities. This ranks as the nation’s fourth most common cause of death. These numbers include occupational accidents, medical mistakes, and driving-related deaths.
Wrongful death claims are supported by carelessness, willful misconduct, recklessness, and extreme carelessness. Pedestrian fatalities, DUI collisions, drowning, slips and falls, murder, assault, and mistreatment of minors or the elderly are more instances.
Read More : Why You Need a Commercial Truck Accident Lawyer: Navigating the Complexities of Trucking Accidents
What is a Wrongful Death?
The survivors of the dead or a personal representative of the decedent’s estate may file a civil case for wrongful death. For the wrongdoing or carelessness, monetary damages are demanded from another individual or organization.
The court requires the defendant to compensate the deceased’s family for damages if the claim is successful. In California, even when a criminal prosecution is still pending, the deceased’s relatives may file a civil wrongful death claim.
Which parties are allowed to file a wrongful death claim?
Section 33760 of the Code of Civil Procedure contains the California wrongful death legislation.Under the code, these are the people who can file suit:
- Surviving spouse
- Surviving domestic partner
- Surviving children
- In the absence of a straight line of succession, those who are entitled to the deceased’s possessions. Typically, this consist of parents or siblings.
- Anyone who can demonstrate that they were reliant on the dead for financial support. These include parents, stepchildren, and alleged spouses and their offspring.
Only a combined action including all claims may be filed in a wrongful death lawsuit against one person. Failure to join might prevent claimants from launching further lawsuits. Additionally, any heirs who choose not to be included must be listed as defendants. The heirs may be held accountable to a claimant if they purposefully leave him out.
Recoverable Damages
These often represent the amount of assistance that the victim’s heirs would have received had they been living. Economic losses include the value of appropriate household services, gifts and perks, funeral and burial costs, and any financial assistance the dead would have provided. Non-monetary losses such as the claimants’ protection, friendship, love, direction, and moral support are also included in compensatory damages.
Statute of Limitations
Claims for wrongful death must be submitted within two years after the descendant’s passing. Proving a wrongful, death and determining the damages incurred are not simple tasks; they need for knowledgeable lawyers who can use the law to the claimants’ benefit.