Close relatives or survivors can file a wrongful bereavement suit if a loved one passes away due to the actions or lack thereof by another party. The purpose of the case is to compensate the surviving family members for their losses.
Our expert team is here to help. Contact us today for a free consultation. You don’t pay until you win.
Submit your information for a free case consultation
Close relatives or survivors can file a wrongful bereavement suit if a loved one passes away due to the actions or lack thereof by another party. The purpose of the case is to compensate the surviving family members for their losses. Losses may come in many forms, such as the end of a relationship, financial hardship, or the need to pay for a loved one’s funeral.
When someone dies because of the negligence of another party, their family may file a wrongful death claim. It might be anyone from the at-fault motorist to the bartender who provided drinks to a visibly intoxicated motorist.While each state’s wrongful death law is unique, they all establish who can file a claim for damages following a fatal accident and how much money can be awarded. The laws were initially enacted to help sustain families left behind after a fatal accident.
Who Would be Considered a Wrongful Death Case Victim in California?
For a claim to be lodged, the deceased must have been a direct or indirect victim of wrongdoing or carelessness. To win the lawsuit, you must show that the defendant was at least partly to blame for the victim’s death in a California wrongful death case..
For instance, if someone dies in a car accident caused by an intoxicated driver, their family may file a suit against the at-fault motorist. A claim may be filed if an individual is killed while utilizing a defective product. Wrongful demise claims have been filed due to medical negligence, like surgical and pharmaceutical errors or wrongful acts.
How to Make a Claim
In a wrongful bereavement case, the plaintiff need not be related to the deceased person in any way for that person’s “damages sustained” to be reimbursed. These monetary losses can fall anywhere on a broad scale. Economic, punitive, and non-economic damages are the three “types of damages” in a wrongful demise lawsuit.
We are here to offer sound legal advice during such a difficult time and will fight for you in ensuring you get the financial compensation you deserve from the responsible party.
Categories of Wrongful Death Cases
The term refers to any circumstance in which a person’s death directly resulted from another person’s carelessness or malice. Listed below are some typical applications of this phrase according to the California Wrongful Death Statute.
If someone’s death resulted from a purposeful act, like murder or an assault, or violence, their family might file a wrongful demise suit against the perpetrator in a criminal case.
Defendants who cause harm through negligence could also be sued for death. To prove negligence in a court of law, the plaintiff must provide evidence that the defendant did not exercise the degree of care a reasonably prudent person would have under similar circumstances. Negligence-related causes of death that have resulted in such a claim include:
Litigation Involving Automobile Crashes
Ignoring warning signs
Cases involving falls due to slipping
Assaults by animals, especially dogs
Mishaps on the Job
A wrongful demise claim can also be brought about if a healthcare provider’s actions fall below the accepted level of care in the field. The claimants would be burdened to establish that the mortality caused their loss.
These lawsuits are not the same as those involving mere negligence. A plaintiff does not need to prove that a defendant breached a duty of care but that the defendant’s conduct lacked the degree of care that a reasonable person would have exercised in similar circumstances. A plaintiff who alleges malpractice has the burden of proving that the defendant’s treatment of them was below acceptable standards.
Wrongful Death Lawsuit Damages
In a suit, monetary damages are the primary compensation sought by the plaintiff’s family. Losing services, assistance, medical costs, burial costs, and inheritance potential all fall under this category of damages.In wrongful bereavement litigation, the amount and type of damages that the court can award are specified by negligence statutes, which the courts in most states uphold. In cases, awards are typically determined by state laws and are intended to compensate for monetary losses that have arisen as a direct consequence of the decedent’s passing.
A beneficiary of a decedent’s estate has the right to recoup any funeral or medical costs for which they were responsible or compensated. Interest expenses beginning with the decedent’s death could also be included in a damage award.
How Challenging is it to Prove a Wrongful Death Lawsuit?
In a wrongful death case, proving fault could be a difficult task. Your attorney for wrongful needs to collect evidence to back up your claim. This could necessitate hiring high-priced experts whose time may be worth hundreds of dollars. Your attorney will front the money for these expenses and charge you for them out of whatever settlement they win for you.
How Wrongful Death Settlements are Paid Out
Your attorney will receive a cheque for the compensation from the at-fault party’s insurance company when the wrongful death litigation is resolved. After deducting their charges and other litigation costs, your lawyer will distribute the remaining funds to the decedent’s heirs per the proposed settlement. They could potentially hand the money over to whoever is handling the estate.
Filing a Wrongful Death Lawsuit in California
Before submitting a death claim, a lawyer must determine who is legally allowed to do so under the relevant state’s laws. A spouse, children, siblings, parents, or other relatives of the deceased may file a death claim in some states but not in others.
However, in some jurisdictions, the deceased’s representative or executor must file a wrongful death case. Naturally, the laws and regulations of each state prove to be significant in this regard.The statute of limitations for filing a death claim is another factor that legal counsel must consider.
This is just one example:
The period to file a lawsuit for wrongful demise in California is two years.
The statute of limitations in Montana is three years.
Florida’s limitation period begins counting down two years after death.
In certain places, the clock starts ticking on a claim the day someone dies, whereas, in others, it starts when the damage is discovered. An action for wrongful death may be time-barred if the statute of limitations has expired, as specified by the laws of your state.
The next step in initiating a wrongful death lawsuit is for an attorney to file the necessary paperwork. The initial formal document filed in a civil lawsuit is typically referred to as a “complaint” or “petition.” The defendant has a right to know the facts and legal basis of the action, which should be laid out in the complaint or petition.A wrongful death lawyer will also serve the defendant with a summons, a legal document that serves as notice that he is being sued and specifies where the case will be heard.
At the end of the legal process, when the attorney for the wrongful demise files the action, all defendants should be provided copies of all supporting paperwork. Again, every state must enact its own rules for the proper ways to deliver such details.The primary responsibility of any wrongful demise attorney is to establish liability in the client’s case. Except if the defendant undertakes an intentional act, the onus of proof rests on the wrongful death attorney to show negligence on the defendant’s part.
This work has its unique components, but negligence is at its core. In that order, the breach of duty, causation, and damages are necessary to establish negligence. When we talk about responsibility, we’re usually referring to the obligation to prevent harm from another individual or to intervene when doing either would be counterproductive.
To win a claim for breach of duty, a plaintiff must show that their version of the events is more likely than not to be accurate. A plaintiff has the burden of proving that the defendant’s breach of duty was the direct cause of the decedent’s damages.
When filing a lawsuit, the plaintiff must prove that a duty was breached and that it was the cause of the deceased person’s injuries. A lawyer specializing in wrongful death cases can aid in these investigations.
The plaintiffs in the “vehicle accident” wrongful termination lawsuit alleging that the defendant, Anthony, was irresponsible behind the wheel and caused Mary’s death. Mary’s loved ones who are still here may argue that Anthony was responsible for ensuring Mary was competent behind the wheel.
The procedure above may be complicated to follow, and the initial papers served are only the beginning. Court cases can sometimes go on for decades. They could involve nuances and subtleties that might be difficult for someone who is not a lawyer to navigate.You may want to hire a wrongful death lawyer to help you navigate the legal process.
Contact Avian Law Group
Contact Avian Law Group if you are interested in qualified and experienced California lawyers on a wrongful demise case. Our attorneys will be your personal representative in filing an action according to California law. We offer a free consultation to discuss your legal avenues for getting compensation from the individual or parties responsible for the loss of your loved one.