Nothing can take away the pain of losing a loved one. Sometimes, a person’s death results from negligence, recklessness, or an intentional act. If you are facing this situation, you may be able to bring a claim for damages resulting from the death of your family member. This claim is a wrongful death claim and can help you recover financially from the devastating effects of the passing of your loved one. Our California wrongful death attorneys can help evaluate your situation and determine if you may have a wrongful death claim.
What is a Wrongful Death Case?
A wrongful death case is a lawsuit brought by family members of a deceased person who allege their loved one died unnecessarily as a result of an act of carelessness or violence. Not all deaths can qualify as a wrongful death, and survivors must prove certain elements to prevail on their claim. If you are considering filing a case, it is important to have the guidance of a personal injury attorney on your side.
There are several things you must prove to win a wrongful death lawsuit.
- First, you must prove that the defendant’s negligent actions caused the death
- Second, you must prove that the defendant had a duty of care to the deceased person and breached this duty
- Third, you must prove that the defendant’s actions were negligent and that this is what caused the death
- Fourth and finally, you have to show that there were damages as a result of the death, such as medical expenses, burial costs, loss of income and potential earnings, and pain and suffering
If you can prove all four, you potentially have a good case. An experienced attorney can help you quantify the value of your case and evaluate how to proceed.
3 Common Examples of Wrongful Death Claims
Many situations can lead to a wrongful death claim. Here are three common examples.
- Vehicular accidents where a person was driving recklessly or was under the influence of drugs or alcohol
- Claims against drug companies for the manufacturing and marketing of dangerous drugs or failure to disclose hazardous side effects
- Wrongful death claims are also often brought against a person who has committed a criminal act that resulted in someone’s death.
There are many other types of wrongful death claims which can stem from job site hazards, medical malpractice, birth injuries, and much more.
Speak With an Attorney Promptly
Dealing with a loved one’s death can be hard, and the last thing you may want to do is relive the details. As hard as this may be, you have a limited amount of time in which you may be able to file a claim in California. The statute of limitations for these types of claims is two years. Our firm knows how to help families and protect their rights. Contact our office today for a free consultation about your case.