Need An Injury Attorney California – Wrongful Death
A wrongful death occurs when there is some negligence at fault. The relatives of the deceased may be entitled to a settlement if the courts find a person or company to have acted in a way that maliciously caused the death. Despite the outcome of a criminal case, civil cases can still be fought for restitute. Instances of wrongful death cases include drunk driving, fatal work injuries, and medical complications to name a few. The need to recover funds due to burial and funeral costs as well as loss of income from the deceased person are all factors in wrongful death cases. If there is evidence that the accused party acted wrongfully, the family members of the deceased may file the wrongful death claim.
In the state of California, the statute of limitations for a wrongful death is two years unless it refers to a medical case. Medical cases must have the claim filed within one year of the death. California Code of Civil Procedure §377.60 defines the proper parties who may file a wrongful death claim. They include family members such as a surviving spouse or domestic partner, children, or any other family member who would otherwise stand to inherit the deceased’s estate if no will.
The accused parties can include medical professionals. According to U.S. Department of Justice, 90 percent of all medical malpractice lawsuits are due to negligence. Prescription drug deaths are the second leading cause of unintentional deaths in the country. The road is a dangerous place and drivers who might be at fault for another’s death while behind the wheel can be the accused parties of a wrongful death claim. Every year, nearly 40,000 lawsuits are filed due to deaths related to car accidents.
In many wrongful death cases, the total amount awarded can not surpass the defendant’s insurance amount or value of personal assets. However, there are some exceptions. Because defendants and insurance companies may try to hide a stated worth, a good attorney can build a case against this. A good attorney will file the case before the statute of limitations and secure the communication between both parties for accuracy and prudence. In addition, having an attorney to guide you through the process of a wrongful death claim means having someone with a level head who knows the fine points of the law and how to extract physical evidence. The wrongful death attorney will be able to best decide if there is a case and who is most at fault. In many auto related cases, it could turn out to be the fault of the city if the roads were not well maintained.
In the case of a wrongful death claim in California, the life expectancy of the deceased may have to be defined. This can be a cold, calculating experience, especially to the family members during a bereavement process. It is best to get in touch with an attorney who specializes in wrongful death cases as soon as possible. To schedule a consultation, please feel free to contact www.needaninjuryattorneycalifornia.com. They have experience in wrongful death claims and understand the pain you are going through.