The death of a loved one cannot be easy. It brings mental, emotional, and financial anguish along. You should not be alone when dealing with the stress of pursuing compensation. You should consider hiring a Los Angeles wrongful death lawyer that understands your needs and is sensitive yet aggressive in their approach.
California Wrongful Death Claim Statute of Limitations – The time you have to file a wrongful death claim is known as the statute of limitations. In California, the family members or the estate of the decedent need to file a wrongful death lawsuit within two years from the date of death.
Under California Code of Civil Procedure §335.1, any wrongful death claims not filed within the stipulated time frame will result in the family members or the estate losing their right to file a claim at all. The time period is different in case the wrongful death claim is based on medical malpractice. According to the California Code of Civil Procedure §340.5, you get three years from the date of injury to file the wrongful death lawsuit. You can also file the claim within a year of discovering the injury as long as reasonable diligence was employed.
Proving Negligence in Wrongful Death Lawsuits – The plaintiff, to prevail in a wrongful death claim, needs to prove that the defendant was negligent and that the death was a direct result of the said negligence. Negligence in this context refers to the manner in which any other reasonable person would have acted if given the same circumstances.
For instance, if a patient dies on the operating table because of too much anesthesia, the question would manifest itself if another properly trained anesthetist would have administered the same amount of anesthesia or acted any differently under the exact same circumstances?
As per the law, a duty of care is owed and when this is breached negligence is said to have occurred. This is particularly true if the breach of duty of care led to the death of another. You should consult with an experienced wrongful death attorney for a careful assessment of the circumstances. Lawyers would be able to determine whether negligence occurred or not.
Primary Causes of Wrongful Death – Automobile collision is the main cause behind wrongful death in people under the age of 35. Medical malpractice is the second largest cause of wrongful death, especially in senior citizens. Other primary causes include:
- Workplace accidents
- Falls
- Industrial accidents
- Boating accidents
- Drowning
- Asbestos exposure
- Train accidents
- Manufacturing defects
Complexities Involved in Wrongful Death Claims – There are several complexities involved in wrongful death lawsuits. This is why you should hire a personal injury lawyer. They will conduct a thorough investigation for building your lawsuit. They will also ensure that your rights are preserved and protected.
Courts consider the following while determining the damages that need to be awarded in a wrongful death lawsuit:
- The relationship between the person bringing the lawsuit and the deceased
- Value of the services that would have been provided by the deceased
- Deceased’s life expectancy
Funeral and medical expenses may also be reimbursed to the estate or the person bringing the California wrongful death lawyers. The Court will divide the settlement if there are multiple heirs that are unable to determine how it should be divided.
In case the wrongful death was a result of medical malpractice, California medical malpractice statutory limits will be used for limiting the recovery. Even if the deceased wasn’t working at the time of their death, compensation can be made for other contributions that the person made in the life of their loved ones.
