A Closer Look at Wrongful Death Claims in California
If you are grieving the loss of a loved one due to an accident, understanding your family’s legal rights is essential. But, it can also be challenging. California’s wrongful death laws are not easy to understand. They give different rights to different family members, and they place various restrictions on how and when eligible family members can file their claims for damages. Our wrongful death lawyers answer your most commonly asked questions, and are here to help you and your family.
Under California law, a death is considered “wrongful” if it results from negligence, intentional misconduct or a product defect. While many wrongful death claims involve auto accidents, truck accidents, motorcycle accidents, cases can also involve falls, defective products, fires, assaults, neglect and various other issues.
Yes. Criminal violence is a form of intentional misconduct that can justify a claim for financial compensation. While one option is to file a lawsuit against the criminal, it may also be possible to file a lawsuit against a business that has sufficient insurance coverage to compensate your family. This could be the case, for example, if someone assaulted your loved one at a business that lacked adequate security.
A wrongful death claim is a lawsuit to recover your direct losses as a grieving family member. A survival action is a lawsuit to recover your loved one’s losses prior to death. In many cases, eligible family members will be able to recover compensation through both types of claims.
California’s “one action” rule says that all eligible family members must participate in the same wrongful death lawsuit. At Banafshe Law Firm, PC, we can make sure your family’s lawsuit covers all eligible claims.
In most cases, California has a two-year statute of limitations for wrongful death claims, which runs from the date of death. However, the limitations period can be longer or shorter in some cases. To protect your family’s legal rights, you should consult with an attorney as soon as possible.
To file a wrongful death claim or a survival action, your first step is simply to meet with an attorney. At Banafshe Law Firm, PC, we are available 24/7, and we are happy to arrange for you to speak with one of our attorneys in person or over the phone at your convenience.
If someone you love was accidentally killed or killed intentionally, you can bring a wrongful death claim against the party who caused the death. Such claims are brought by the estate of the deceased and can benefit surviving family members and others who have been impacted by the loss.
Here are four signs you need to meet with a wrongful death attorney if you have experienced such a loss:
To speak with one of our California wrongful death lawyers about your family’s legal rights, please call 800-789-8840 or contact us online. We look forward to assisting you in any way we can.
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