What Should I Do When Filing a Wrongful Death Claim?
The untimely passing of a loved one can be a multi-faceted tragedy. The grief from that unexpected death is enough to consume the decedent’s loved ones. On top of that, the relatives of the person who passed away may suddenly find themselves in a difficult situation because their main wage earner is gone.
If another party caused the tragedy currently affecting your family, you might be able to take legal action. To be more specific, you may be able to sue the party responsible for your loved one’s wrongful death.
Find out what to do if you intend to file a wrongful death claim by continuing with the rest of this article.
What Are the Grounds for a Wrongful Death Claim?
The first thing you must do if you intend to take legal action is to check if there is a basis for your wrongful death lawsuit.
When someone dies due to the intentional action or negligence of another person or company, that usually means that a wrongful death has occurred. There are more than a few incidents that may meet that standard.
For example, a motorist may have been drunk at the wheel when they hit your loved one’s car. Not long after the accident, your loved one was declared dead due to the injuries they sustained. In that situation, you can sue the drunk driver because they irresponsibly got behind the wheel of their vehicle.
Negligence could also come from a company or property owner failing to care for their establishment. Exposed electrical wiring can be very dangerous to anyone who touches it. If the establishment fails to put up warnings about the exposed wiring, they could be hit with a lawsuit.
A wrongful death claim may also stem from something like a heated argument. When fists start to fly, you can never tell how the situation will unfold. Unfortunately, the situation may end with someone dead and another on the hook for a substantial payment.
Who Can File a Wrongful Death Lawsuit?
In California, the people eligible to file a wrongful death lawsuit include the decedent’s surviving spouse or domestic partner. The children or grandchildren of the decedent may also file a wrongful death lawsuit. Stepchildren may also be allowed to file a lawsuit if they were dependent on the decedent for 50 percent of their financial support.
Other family members may also be able to sue the party responsible for the accident. In situations wherein the decedent has no surviving family members, any dependents of their estate can file a wrongful death lawsuit.
When Should You File a Wrongful Death Lawsuit?
Filing a wrongful death lawsuit should be done as soon as possible. The state of California has set the statute of limitations for wrongful death cases at two years from the passing of the decedent. Fail to file the lawsuit by that time, and you may miss out on potential compensation.
Don’t let the statute of limitations be why you cannot receive compensation in your case. Hire an attorney so you can get the lawsuit in motion early on.
Categorised in: Personal Injury Lawyer
