When a person passes away as a result of an accident, the people the victim has left behind often experience serious trauma. In many cases, the victim’s loved ones feel helpless not knowing how the accident occurred or what led to the untimely demise. The situation can be even more complex when the accident was caused by another’s negligent behavior.
In California, if someone you love has lost his or her life because of the negligence of another, you have the legal right to file a wrongful death lawsuit. There are, however, many rules and regulations to file a lawsuit as these types of cases can be time sensitive and complicated. Because of this, it is important to seek the legal advice of a dedicated attorney who can help you hold the responsible party accountable for the action or inaction that lead to the accident.
Of course, there is no amount of restitution that will bring your loved one back. Nonetheless, filing a wrongful death lawsuit can help you relive the financial burdens you may encounter following the accident. This may include funeral and burial expenses, medical bills, and the loss of income.
Frequent Types of Wrongful Death Claims
Accidents can happen through many different situations. In California, however, the most common reasons for filing a wrongful death lawsuit are:
- Motor vehicle accidents,
- Pedestrian vs. auto accidents,
- Medical malpractice cases,
- Defective products, and
- Motorcycle accidents
Filing a Wrongful Death Claim in California
When there is negligence on the side of another party and this was a contributing factor in the death of your loved one, you may be able to obtain financial compensation. This party may be a company or business, another person, or even a government agency. In order to have a successful claim, you will need sufficient proof to be able to demonstrate that the passing was caused by the direct negligence of this party.
Before filing a wrongful death claim, you will need to identify an executor for the family. An executor, or personal representative can be selected by the family or in event of a dispute, will be selected by the courts. To file the case, it is best to contact a knowledgeable attorney who will help you gather important evidence and witnesses that can help establish the truth behind the claim. There are many different types of evidence that could serve to build a strong case. This may include, but is not limited to the following:
- Medical reports,
- Police reports,
- Car damage,
- Camera footage,
- Pictures of the accident, and
- Eyewitness testimony
As a plaintiff, you will need to be able to demonstrate the following elements:
- The accused party had a duty of care to the safety of the person who died
- There was a breach in the duty of care (negligence existed)
- The breach of duty was a direct contributing factor in the fatal injuries sustained by the victim
Hire the Support of a Skilled California Wrongful Death Attorney
Filing a lawsuit for the passing of a loved one will not bring him or her back. In spite of this, filing a lawsuit will accomplish a sense of justice for the family, as the perpetrator can be held accountable to a degree. The lawsuit can also ease the financial burden for the family, which may include payment for medical costs accrued before the passing of the victim, burial expenses, loss of income, and any property damage that occurred in the accident.
If you or someone you know has lost a loved one because of another’s carelessness, seek the legal support of a qualified wrongful death attorney. The attorneys at SANFORD A. KASSEL, A Professional Law Corporation have many years of dedicated experience helping their clients seek the compensation they deserve following the sudden passing of a loved one caused by negligence. Wrongful death claims in California are time sensitive; hire the qualified support of a dedicated attorney straightaway.
