fIf you have lost a loved one due to the reckless or negligent actions of another person, business, or entity, you are not alone in the legal battle for compensation. Filing a wrongful death claim can allow you and your loved ones the opportunity to hold liable parties accountable and recover some compensation. While money cannot bring back a loved one, it can help ease the financial burden of funeral costs, medical expenses, loss of income, and more.
What constitutes a wrongful death accident? How can you build your claim? Who can be held liable? We will explore the answers now. HHJ Trial Attorneys is a dedicated Oceanside law firm that has connected injured victims with expert compassionate attorneys.
We are San Diego’s Award-winning personal injury law firm. In the last three years, our San Diego personal injury lawyers have won tens of millions in settlements and verdicts for our clients. HHJ Trial Attorneys have been featured in the San Diego local news (ABC 10News San Diego) for recovering some of most challenging personal injury cases in southern California.
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When a loved one dies due to the negligent or intentional actions of another party (or parties), there can be overwhelming feelings of grief, worry, and anger. Afterward, you may be wondering how this could have happened. And most importantly, why? Wrongful death accidents encompass all accidents where a person dies due to the reckless, negligent, or intentional acts of another person, business, or entity.
Wrongful death accidents can happen anywhere, any time. Some of the most common types of wrongful death accidents include:
While we expect serious injuries from these types of accidents, the truth is that sometimes the consequences can be fatal. And often, it can be the most vulnerable victims who pay the highest price for someone else’s actions. If your loved one passed due to the negligence of another party, filing a wrongful death claim should be the next step you take.
When it comes to who can file a wrongful death claim in the state of California, the state governs that the following people can:
The surviving spouse of the deceased will be able to file a wrongful death claim. They must still be legally married and competent enough to proceed with the filing.
The surviving children of the deceased can file. This includes biological children, adopted children, or stepchildren. If they are still underage, a guardian can file on their behalf. If the deceased’s children are also passed, grandchildren may be able to file a wrongful death claim.
Other minors in the household of the deceased who had been living there for more than six months and depended on the deceased financially may also be able to file a wrongful death claim in California.
If the deceased was a minor or was not married nor had children, their parents would be able to file a wrongful death claim. They may also be able to file a lawsuit standing in place as guardians of any underaged children of the deceased.
If several members of the family want to file a claim or there are no relatives who qualify under California law to file a wrongful death claim, then a representative of the estate could do so.
The statute of limitations to file a wrongful death claim in California is two years from the date of the person’s passing. However, there may often be very unique factors that could determine the deadline for some claims. Sitting down with an Oceanside wrongful death accident attorney can help you learn more about legal options when it comes to filing a wrongful death claim, as well as timelines.
The basis of a wrongful death claim is being able to prove the negligent party acted recklessly and directly caused the incident that led to the deceased’s injuries and death. In order to show the liable party acted negligently, it is vital to prove that:
The first thing to prove is that the liable party had a duty of care toward the deceased. For example, a driver has a duty of care while on the road to act safely and keep themselves and other drivers from harm. Similarly, a hospital has the duty of care of providing patients with medical care.
The next step is showing this duty was breached. For example, a driver was driving recklessly, speeding, driving under the influence, etc., creating a dangerous environment for other drivers.
It is then crucial to determine that the injuries the deceased sustained were directly caused by the party’s negligent or reckless actions. For example, a clinic that misdiagnosed a disease caused it to further spread and cause the death of the individual.
As a result of the deceased passing, you must then be able to show the losses that hit their estate/household. If the deceased was the sole breadwinner of their household, proving financial impact can be helpful. Similarly, losing a loved one leads to heavy pain and suffering, which is also something that can be emphasized in a wrongful death claim.
Losing a loved one is never easy. It can be especially traumatizing to lose them in a senseless incident caused by the recklessness or negligence of another party. Building a wrongful death claim can seem taxing on your own, which is why consulting with an Oceanside wrongful death accident attorney can help.
You are already dealing with a heavy loss, so let a legal expert help.
Though financial compensation can’t undo the loss of a loved one, it can bring about some ease when it comes to the financial burdens their loss has created. Holding negligent parties accountable in a wrongful death lawsuit can bring about compensation that covers:
A wrongful death claim can obtain both economic and non-economic damages. Economic damages would include tangible expenses such as hospital bills and funeral expenses, while non-economic damages cover things such as emotional trauma, pain, and the suffering of having lost a loved one.
There are also punitive damages. This form of compensation is usually awarded to deter liable parties from committing the same negligent acts. For example, a driver who has been previously cited for speeding and was speeding at the time of the accident may have to pay punitive damages as well for failing to correct these behaviors.
Every claim is different. In order to learn more about how your claim may be valued, speak with an Oceanside wrongful death accident lawyer.
Losing a loved one is never easy. It can be especially painful when they pass due to the reckless or negligent acts of another person. Fortunately, filing a wrongful death claim can make it possible for liable parties to be held accountable, as well as for families to obtain some financial help and ease the expenses resulting from the accidents. If you’ve lost a loved one due to the senseless negligence of another party, talk with an Oceanside wrongful death accident attorney as soon as possible.
At HHJ Trial Attorneys, our law firm is strictly dedicated to fighting for the rights of the injured. This includes the rights of people who lost their lives through the negligent or reckless acts of another person or entity. Let one of our expert legal attorneys fight for you and your family when it comes to holding liable parties responsible for their acts. Contact us now to get started.
