Who Can File a Wrongful Death Lawsuit?
Each year there are almost 200,000 people in the United States that die as a result of wrongful death incidents. Losing a loved one in this manner can cause some serious emotional distress and not to mention financial hardship. If the death of your loved one was in fault of another party, you may be eligible to file a wrongful death lawsuit to recover damages. So, exactly who can file a wrongful death lawsuit in California?
Filing a Wrongful Death Lawsuit
In California there were almost 30 accidental deaths per 100,000 residents, according to the most recent data available. Wrongful death lawsuits are claimed for loved ones often in a large metropolitan area such as Los Angeles.
Wrongful death lawsuits in California can be complicated. In the state of California only certain people can file the lawsuit under certain circumstances. If you are a surviving spouse/domestic partner or one of the surviving children you can file a wrongful death lawsuit. Additionally, if there are no survivors in the person’s direct line of descent than the lawsuit can be filed by siblings or parents. Lastly, the putative spouse, putative spouses’ children, as well as stepchildren, can file a wrongful death claim if they can prove financial dependence. The laws of wrongful death can be tricky. Hiring a Wrongful death Attorney, like the ones at B|B Law Group, would be extremely beneficial.
How Long Do I Have to File a Wrongful Death Claim?
Each State in the United States will have a different Statute of Limitations. If you live outside of California, make sure you research the Statute of Limitations for your state. In California, the Statute of Limitations states that you have two years to file a wrongful death suit.
Common Causes of Wrongful Death
Accidental deaths are the fifth-leading cause of death in the United States. In Los Angeles County there are thousands of wrongful deaths each year. Despite the title of “accidental death” many of these deaths were entirely preventable. They were caused by the negligent actions of another person or company.
So, what are some common causes of wrongful death in Los Angeles?
- Car accident – Not all of deaths from a car accident can be claimed as a wrongful death. But, more often than not, car accidents are usually caused by someone else’s negligence. This negligence on that party can cause serious injury and even wrongful deaths.
- Medical malpractice – If your loved one has passed because of a doctors incorrect diagnosis, an avoidable mistake during surgery or insufficient treatment you may have a case for wrongful death.
- Company Liability – When a company releases and sells a product to the public, they are under the assumption that this product is safe for all users. If the product fails, and a death results from the failure, the company may be held liable for it.
What Kind of Expenses Can I Recoup from a Wrongful Death Lawsuit?
The same as any other personal injury case, you would be able to seek medical expenses and lost wages damages. In a wrongful death claim, you can also file to recoup funeral expenses, loss of anticipated financial support, and loss of love, support, and guidance.
Consulting with an Experienced Wrongful Death Lawyer
At B|B Law Group you will find attorneys that care about their clients. Your family comes first. Our Los Angeles wrongful death lawyers can help take care of everything in your wrongful death lawsuit.
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