Losing a loved one is one of the most devastating and traumatic life events. Unfortunately, the situation can feel even more traumatic if the person dies due to another person's wrongdoing and negligence. In such a case, the family has the prerogative to decide whether or not to file a wrongful death claim and pursue compensation from the at-fault party.
Although monetary compensation does not bring back a lost loved one, it provides partial relief from economic losses associated with the death. If you have lost someone in a wrongful death incident, consider partnering with an expert Escondido wrongful death attorney at Kash Legal to help you get the compensation and justice you deserve.
REQUEST A FREE CONSULTATIONUnlike most personal injury claims, a wrongful death claim is based on the rights of survivors. California state law has a statute of limitations which places a two-year limit after death to file a wrongful death claim. However, the duration varies depending on the cause, as medical malpractice cases have a one-year limit, and public institution cases have a six months limit.
Apart from time limits, the relationship with the deceased is another important ground for a wrongful death claim. California law only allows relatives, family members, and heirs to file wrongful death claims.
People eligible for filing wrongful death claims include, in no particular order:
The people mentioned above serve as the decedent’s representative during the wrongful death claim. Working with an expert attorney will help determine if you are eligible and qualified to file the wrongful death claim.
California law allows spouses, relatives, and next of kin of the deceased to pursue damages for wrongful death. Unfortunately, there is no guarantee that the at-fault party or their insurance company will offer adequate compensation. However, partnering with an experienced attorney can help you navigate the filing process to receive adequate compensation.
Kash Legal wrongful death lawyers put the following into consideration when seeking compensation for damages:
You can determine whether you deserve compensation for a wrongful death claim by asking yourself whether the deceased person would file a personal injury claim if they survived. If yes, there is ground for the wrongful death claim.
Car accidents: You can file a wrongful death claim for a loved one killed in a vehicle accident by a negligent driver.
Slip-and-fall accidents: Building owners and managers are at-fault parties if your loved one’s death is caused by a slip-and-fall accident in a building or property due to conditions such as slippery floors and safety violations.
Workplace accidents: You can file a wrongful death lawsuit against the company or organization when your loved one dies because of workplace safety violations and negligence.
Medical malpractice: Medical professionals’ unethical practices or medical errors can cause patient death, warranting a wrongful death claim.
Pet attacks: Under California law, pet owners are responsible for their pets. Therefore, if your loved one dies due to a pet’s actions, you can file a wrongful death claim against the pet’s owner.
Defective products: California laws require manufacturers to create safe and healthy consumer products that comply with regulations. Therefore, if a customer dies using defective products, their loved one has the right to file a wrongful death claim.
Kash Legal’s wrongful death lawyers will help you examine the events associated with your loved one’s death to ensure you have valid grounds to file a wrongful death claim. To obtain compensation from the at-fault party, you must prove liability by providing eyewitness statements, video records, police statements, and financial support records.
As much as it adds to stress and trauma following death, filing a wrongful death claim offers loved ones some level of justice for their loss as well as the compensation they need to handle the aftermath. While seeking compensation cannot bring back your loved one, it can help reduce the family’s financial burden.
If you lost your loved one and need to develop a wrongful death claim against the at-fault party, consider partnering with expert Escondido wrongful death lawyers at Kash Legal. We have a professional team who are sensitive and equipped to handle claims with dignity and provide professional and compassionate legal counsel for families. Our expert wrongful death lawyers may help you get the compensation you deserve from the at-fault party or their insurance company.
Contact us at (888) 527-4128 or fill out our contact form today to schedule a free consultation.
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