Losing a loved one alters the course of your life forever; experiencing a wrongful death tends to compound the loss even greater. A wrongful death claim is filed when one person or entity causes the death of another, either intentionally or by accident. As the survivor of a decedent involved in an accident or killed at the hands of another, you may have the right to seek out damages for your loss, holding the responsible party financially responsible, even if he or she was not criminally charged with the death. Consulting with a wrongful death lawyer as soon as possible following your loved one’s death is a smart move that helps preserve your right to compensation.
A wrongful death is a death that results from negligent or intentional conduct on the part of the defendant in the case. This might be an intoxicated driver, a reckless surgeons, or a careless company that produces a faulty and dangerous product. For example, the defendant in a wrongful death case may be an auto manufacturer that produces a car with a major defect that results in a driver’s death. A landlord who fails to maintain the wiring in a building may become a defendant in a wrongful death suit when a tenant is electrocuted as a result.
Although no amount of money could ever replace a loved one lost due to the negligence or ill intentions of another, a wrongful death claim seeks to remedy the financial loss the death of a loved one has on those that he leaves behind. These losses may include:
Wrongful death suits are civil lawsuits that are brought to litigation by the family of the deceased or the deceased’s estate. Usually, the deceased’s spouse, domestic partner or children file the claim. Absent these survivors, anyone who might be entitled to the deceased’s property at the time of his death is entitled to seek damages for the wrongful death.
In California, the statute of limitations for filing a wrongful death is the same as for filing a personal injury claim: two years from the date of the wrongful death. Once two years passes, any potential litigant in the case loses the right to file the suit and seek damages.
Simpson Law Group and our Chula Vista wrongful death attorney are ready to discuss your wrongful death claim. Schedule a consultation to go over the particulars of your situation and find out what remedy you have as a survivor under the law.