There are few things in life harder to accept than losing a loved one due to tragedy. Following the loss, great suffering and grief are bound to persist. Such tragedy can only be worsened by the knowledge that your loved one was lost to negligent, reckless, or deliberate actions. The loss undoubtedly brought other unforeseen suffering, such as monetary struggles and loss of your loved one’s companionship. While nothing can bring back that companionship, pursuing a claim may ease the financial suffering.
Wrongful death claims can be pursued after losing a loved one at the expense of someone else’s negligence. The decision to pursue a wrongful death claim can be exceptionally difficult considering the emotional involvement the claim will demand. Knowing common causes of wrongful deaths and some essential knowledge concerning wrongful death claims may help with the decision making process. However, after reading, it may be beneficial to speak with an wrongful death lawyer for personalized guidance through the difficult times ahead.
At the root of all wrongful death causes is the negligent, reckless, or deliberate behavior of others. With that being said, a number of situations can cause a wrongful death. Knowing these causes will not make your loss any easier, but they may provide some clarity as far as making the decision to file a claim is concerned. Some common wrongful death causes are as follows:
Accepting that your loved one is gone can be extremely difficult and making the decision to pursue a wrongful death claim may complicate feelings. Sadly, prolonging the decision may only prolong financial suffering and lower your chances to obtain compensation (waiting too long may disqualify you from pursuing a claim at all). The statute of limitations for wrongful death claims in California is two years.
A wrongful death claim must be filed by a representative of the decedent. Immediate family such as spouses, parents, or children can represent their lost loved one in a claim. In certain cases, less immediate family may act as representatives. If a claim is pursued, damages that may be eligible for compensation. For example, any income, including projected future income, of the decedent may be recovered. All medical and ceremonial costs associated with the loss can also be recovered. Less material things like loss of spousal and parental support may also be compensated.
Making the decision to pursue a wrongful death claim can be extremely taxing during this difficult time. However, the financial burden from the loss will continue long after the two-year statute of limitations on wrongful death claims. With that being said, pursuing a claim alone is ill-advised. No one should have to suffer through it alone.
It would be wise to consider consulting with an Escondido wrongful death attorney. At Simpson Law Group, our attorneys will support you by handling your claim with dignity and understanding. For a free case evaluation, reach out to us by clicking this link or by giving us a call at 619-236-9696.
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