Any relative of the deceased who was financially dependent on them can file a wrongful death lawsuit in California. This may include spouses, children, and parents. If the victim had no dependents, the case may be brought by anyone who had a close personal relationship with them.
The first step in filing a wrongful death lawsuit is to contact an experienced California wrongful death attorney who can help you navigate the legal process and ensure that your rights are protected.
An experienced lawyer will be able to investigate the circumstances surrounding the deceased victim’s death and gather evidence to support your personal injury lawsuit. They will also handle all the legal paperwork and ensure that the personal injury claim is filed within the statute of limitations.
In this blog, we will answer the following questions:
- File a wrongful death lawsuit in California; Who is Eligible?
- What is the statute of limitations for filing a wrongful death lawsuit in California?
- What compensation can one claim for a wrongful death lawsuit?
- How much are wrongful death cases worth?
Who Can File a Wrongful Death Lawsuit in California?
In order for a family member to file a wrongful death lawsuit in California, they must be able to show that they were financially dependent on the victim. Eligible survivors may include spouses, legal children, and parents who relied on the victim’s income.
If the deceased person did not have any financial dependents, then the case may be brought by anyone who had a close personal relationship with them. This may include siblings or close friends who were significantly affected by the person’s death.
A California wrongful death attorney can help you determine who is eligible to file a wrongful death lawsuit in your case.
Statute of Limitations for Wrongful Death Cases in California
The statute of limitations is the time limit that you have to file a lawsuit. In California, the statute of limitations for wrongful death cases is two years from the date of death.
This means that you have two years from the date of your loved one’s death to file a wrongful death lawsuit. If you do not file within this time frame, you will likely be barred from doing so and will not be able to recover damages for your losses.
It is important to note that the statute of limitations may be different if the death was caused by government negligence. In these cases, you may have six months to one year to file a claim.
If you are unsure of the statute of limitations in your case, it is important to speak with our skilled legal team at Ayuda California who can advise you on the best course of action.
Contact us for a free consultation.
How To Prove Wrongful Death
In order to prove wrongful death, you will need to show that the death was caused by another person’s negligence or intentional act. This may include car accidents, medical malpractice, attractive nuisance, or workplace accidents.
You will need to gather evidence to support your claim, which may include eyewitness accounts, police reports, medical records, and expert testimony.
Duties of Care
Duties of care can vary depending on the specific type of accident that occurred. The following are some examples of duties of care and how they may be breached:
A driver has a duty to drive in a reasonably safe manner based on the weather and road conditions. Breach of this duty can occur in many ways, including distracted driving, drunk driving, aggressive driving, violating traffic laws, or other careless acts.
- A company has a duty to sell products that are safe for their intended use and to warn consumers about potential risks. If a company produces or sells a product that is defective or unreasonably dangerous without proper warnings, this can constitute a breach of duty.
- A medical professional is expected to provide the level of care that is standard for their profession. If they fail to do so, it could be considered a breach of their duty of care. This could happen if they make an error in diagnosis or treatment, fail to obtain informed consent, or commit some other act of negligence.
Key Elements Of A Successful Wrongful Death Case
No one ever expects to lose a loved one due to the negligence of someone else. Suddenly, you find yourself faced with an overwhelming amount of grief and uncertainty. You may be wondering if you have what it takes to prove a wrongful death case. Here are a few things to keep in mind:
First, you will need to have evidence that the death occurred due to the negligent acts of someone else. This may include eyewitness testimony, video footage, or expert testimony.
Second, you must have sufficient evidence to prove your case. This means that you will need to gather all relevant medical records, police reports, accident reports, and any other relevant documentation.
Third, you must be at least 51% likely that a wrongful death occurred. This is a burden of proof that is required in order to win a case.
You do not need to prove your case beyond a reasonable doubt, as is required in criminal cases. Instead, the burden of proof is lower, and you must show that it is more likely than not that the death was caused by negligence. Wrongful death law calls this the “preponderance of the evidence.”
If you have lost a loved one and think their death was caused by someone else’s negligence, contact us for legal representation and to obtain monetary compensation for losses. We will review your case and help you determine if filing wrongful death action is right for you.
Compensation In Wrongful Death Claims
If you are successful in your wrongful death claim, you may be entitled to recover a variety of damages. Compensatory damages may include:
- Cost of funeral services
- Burial expenses
- Medical expenses
- Property damage
- Loss of income (or future income)
- Loss of financial support
- Pain and suffering
- Emotional distress
- Loss of companionship
- Loss of consortium
These economic and non-economic damages are intended to compensate the family members for the losses they have suffered as a result of the death.
How Much Are Wrongful Death Cases Worth?
The value of a wrongful death case will depend on many factors, including:
- The age of the victim: If the victim was young and had a long life ahead of them, their death will be worth more than if they were older.
- Their income: If the victim was the primary breadwinner for their family, their death will be worth more than if they had a lower income.
- The number of dependents: If the victim had many dependents who relied on their income, the case will be worth more than if there were fewer dependents.
- The severity of the injuries: If the deceased person suffered severe injuries before they died, the case will be worth more than if they died quickly.
- The amount of medical bills and funeral expenses: If the family has incurred a lot of medical and funeral expenses, this will also increase the value of the case.
- The value of property damage: If the victim’s death resulted in property damage, this will also increase the value of wrongful death claims.
It is important to note that no two cases are alike and the total claim to damages will depend on the specific circumstances. Seasoned wrongful death lawyers will be able to gather details on damages, evaluate your case, determine the amounts of damages, and give you a better idea of how much everything may be worth.
Ayuda California Can Help
At Ayuda California, we have experience handling all types of wrongful death cases. We understand the pain and suffering that you are going through, and our personal injury attorneys will do everything we can to help you get the financial compensation you deserve against the negligent parties.Contact us today for a free consultation. No fees unless we win.
