California Wrongful Death Claims
In California, laws indicate that each heir identified in the California Code of Civil Procedure (CCP) Section 377.60 can file a claim to Recover Compensation for the damages they suffered because of the loss of their loved one. These heirs include the spouse and children of the decedent. The laws, however, are very complicated and in some cases, other people may qualify as heirs, so a wrongful death attorney should be consulted.
Usually, a wrongful death claim is filed by the spouse, children, or parents of the decedent.
emotionally and financially. They are the individuals who will suffer most from the loss of their loved one. Through a wrongful death claim, they can Recover Compensation to help relieve some stress by making sure medical bills and final expenses are covered and that they continue with their standard of living.
Who Would Be Considered A Victim of Wrongful Death in California?
For a wrongful death claim to be filed, the decedent must have been the victim of someone’s wrongful act or negligence. You must be able to prove that the defendant is the party responsible and they played a substantial role in the death of the victim.
As an example, someone killed in a car crash caused by a drunk driver could warrant a wrongful death claim. An individual killed while using a machine that had manufacturing flaws could lead to a wrongful death claim. Medical malpractice, such as surgical or medication errors, could result in the filing of a wrongful death claim.
Making The Claim
Regardless of who files a wrongful death lawsuit, the victims’ direct family or decedents will be the people being compensated due to “damages suffered”. The dollar amount of these damages can vary over a wide range. There are three “type of damages” in a wrongful death claim, which are classified as economic, non-economic, and punitive.
Filing the Wrongful Death Claim
If your loved one died because of the wrongful acts of others, you should consult with a wrongful death attorney immediately. The state does have a “one action rule” which states that only one lawsuit can be filed against the liable party, so all heirs must join in the same lawsuit.
“Time is of the Essence” as a strict statute of limitations applies to filing wrongful death claims. In most cases, the claim must be filed within two years of the date of the injury or death. If the death was the result of medical malpractice or negligence of a healthcare provider, you have three years from the date you discover or through reasonable diligence should have discovered the injury. If the injury involves government tort liability, such as being hit by a city vehicle, then you are usually limited to six months to get the claim underway.
If you believe your loved one’s death was caused by the wrongful acts of someone else, you should “Schedule a Consultation” with a wrongful death lawyer Right Now! You don’t have to suffer through this alone. Help is Available to ensure your family gets on track after the death of your family member.
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