Each year, thousands of individuals die as a result of someone else’s negligent, willful, wanton, or reckless behavior. These fatal accidents stem from and occur after incidents involving medical malpractice, car accidents, truck accidents, slip and falls, and more. The loss of a loved one from an unexpected accident is not only emotionally tolling but also financially devastating to thousands of families who do not have the resources to support some of these losses. If your loved one has been fatally injured in an accident or incident involving negligence, contact Sanford A. Kassel, A Professional Law Corporation for an initial review of your claim. You or your loved one will never pay for an initial consultation, but will leave with a better understanding of the law and how it applies to your claim.
Filing a Claim
Over the course of a claim, there are several legal and procedural requirements that must be followed to successfully assert your claim. Similarly, there are several legal requirements that must be followed when filing a claim, which is the first step in filing a claim for relief. Standing and the statute of limitations are two legal requirements that must be met when filing a claim.
- Standing: Standing is the legal right to initiate an action. California limits the people who may bring a wrongful death action on behalf of another. The individuals permitted to file a suit include the deceased individual’s spouse, domestic partner, or surviving children. The statute also allows for other family members or persons who would be entitled to property of the decedent through the laws of intestate succession in limited circumstances. This allows a number of other individuals to file a claim on behalf of the decedent.
- Statute of Limitations: The statute of limitations is another law that must be followed to successfully assert a claim. The statute of limitations outlines the latest time frame during which a person may bring a claim. Generally, the statute of limitations in wrongful death actions is two years from the date of death. However, there are other statute of limitations that may apply if the wrongful death action was the result of medical malpractice or government liability.
Damages
In wrongful death actions, the monetary damages the victims may seek could be economic or noneconomic in nature. Economic damages include funeral expenses, burial expenses, and the financial support a decedent would have provided to the family, which could have been from lifetime employment or otherwise. Non-economic damages often account for the loss of support that occurred as a result of the accident including loss of companionship, loss of moral support, and the loss of intimate relations. If you would like more information on the other damages that may be available after a wrongful death incident, contact us today.
Sanford A. Kassel, A Professional Law Corporation: Your Experienced Personal Injury Litigators
If you or someone you know is in need of a personal injury lawyer, our firm will be happy to meet with you for a risk-free initial consultation.
