Losing a loved one is distressing. It is worse when a loved one dies due to the error or negligence of another person. According to the CDC, someone dies every 11 minutes in the United States. Automobile accidents, elder abuse, carelessness with children, work-related injuries, deaths from falls, medical malpractice or negligence, etc., are some of the causes. In California, the number of wrongful death claims has increased 5% over the past year.
What Is A Wrongful Death Claim?
- Wrongful death claims are filed when a person dies due to the negligence of a third party.
- In California, the statute of limitations for filing a lawsuit for wrongful death is two years from the date of death.
- The plaintiff must demonstrate that the defendant’s carelessness caused the decedent’s death.
- When the spouse, children, parents, or other relatives of the victim want to hold someone accountable for their loved one’s death, they can file a wrongful death claim.
Wrongful Death Law in California
The state of California has passed a law that provides financial assistance to the families of people who died due to the negligence of others. The act also stipulates that funeral and burial expenses, as well as any other losses resulting from the death, must be covered.
The law is intended to assist the surviving spouse, children, or parents who require financial assistance. It also allows individuals to receive money if there are no survivors or if only one parent is alive.
In addition, settlement statistics for wrongful death claims in California are available to help you comprehend the procedure. Using them can also determine the value of your claim. For instance, if the person’s life expectancy was 15 years and their last hourly wage was $15, the settlement for wrongful death would be $225,000. If they earned $200,000 per year and were expected to live for 20 years, the wrongful death award would be $1,250,000.
What Should You Do If an Accident Wrongfully Kills Your Loved One?
A wrongful death claim may be filed by the estate’s representative (legal guardian) or by a person who was financially dependent on the deceased. The lawsuit must be filed within two years of the death if the death was the result of negligence or intentional wrongdoing.
Typically, damages are limited to monetary losses such as past and future lost wages, medical bills paid prior to death, funeral costs, and loss of anticipated future income. In many instances, you cannot receive compensation for non-monetary damages, such as pain and suffering.
The victim’s family may be eligible for compensation for what transpired. To obtain compensation, they must file a wrongful death lawsuit in court. A personal injury attorney can provide legal counsel and represent you in court during this process.
Conclusion
You can seek assistance from the attorneys at 2H Law Firm. We are familiar with California’s accident laws and the complexity of personal injury and wrongful death claims. Call (619) 374-9320 immediately to speak with an attorney for free.
