The death of a loved one as the result of a wrongful death accident is something no family should experience. And it's not just the open wound of heartache, it’s the costs, and the bills, and the uncertainty. In California, for families to seek justice and compensation, wrongful death cases can be their recourse. Knowing the truth surrounding the facts and figures, of wrongful death cases can help inform the victim's family before they visit a lawyer and will better the odds of getting the maximum settlement.
Information About Wrongful Death Accident Cases in California
As clients and even others may not know, wrongful death suits are brought by survivors when one person is killed and another may be legally liable for the death.
Important facts include:
Wrongful Death can be caused by Car or truck Accidents, On the job accidents, Defective products, Medical negligence, Dangerous premises
Who can make a claim Cracked: Eligible relatives who may make a claim are spouses, children, domestic partners, and, in some instances, parents or financial dependents.
Compensation might cover funeral expenses, medical expenses for the time following the accident, lost earnings, loss of companionship and pain and suffering.
Wrongful death suits are filed in civil court and have not bearing on criminal court filings.
Negligence or misconduct must have been a direct contributor to the death of the victim in order to make a claim in wrongful death civil cases
In California, multiple parties may be liable. It is important to determine who is at fault to obtain the maximum recovery.
Frequently Asked Questions about Wrongful Death Accident Claims
What is a Wrongful Death Case?
A wrongful death claim is the result of one person’s negligence, recklessness, or deliberate act where someone’s life was taken. These might be things like a car accident that results in a death or that someone is killed by a dangerous product or someone else’s unsafe property.
Who Can Pursue a Wrongful Death Action in California?
In California, the right to bring a wrongful death lawsuit in court is exclusive to certain family members. These could be a spouse, children, domestic partner, or parents if there are no surviving immediate family members. Some family members who may be financially dependent on the person who has now passed can also qualify.
What Is Recoverable in a Wrongful Death Claim?
Compensation may be available to cover funeral and burial costs, medical costs, the loss of income that the deceased person would have earned, the loss of companionship, and the pain and suffering that the fatal injury caused to the decedent’s family.
How Long Will I Be Able to File A Wrongful Death Lawsuit?
In California the general rule is that any wrongful death claim must be brought within two years of the date of death. The family has only ten days to meet this deadline or they will be barred from seeking compensation.
Wrongful Death Case vs. Criminal Case. What Is The Difference Between The Two?
A wrongful death allegation is brought by the family of a person killed by the negligent or willful acts of another person or company for pecuniary losses. The other case, which is a criminal case, is filed by the state and can lead to the defendant serving time in jail and a fine. Both categories of case can exist at the same time, however they serve different functions.
What Can a Lawyer Do For a Wrongful Death Case?
A skilled attorney can ensure that there is an examination of the corpse and collecting vital information. They will determine who can be held responsible and what is the value of the claim. Your lawyer will also demand copies of medical records, expert testimony, and financial records. They will then negotiate settlement offers with insurance adjusters and opposing counsel. And finally they will serve as courtroom attorney if the case goes to trial
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Note: This guide is for informational purposes only and does not constitute legal advice.
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Meet Shawn Mangoli
“Shawn Mangoli, the founder of Beverly Hills Injury Firm, is a distinguished trial attorney specializing in personal injury law. With a decade of experience in civil litigation, Shawn has successfully championed the rights of those injured due to negligence, securing numerous multi-million-dollar settlements and verdicts. Recognized consistently by Super Lawyers and a respected member of the Consumer Attorneys Association of Los Angeles and American Attorneys for Justice, Shawn’s commitment to justice is profound and unwavering.”
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Don’t settle for less.
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