If you have suddenly and tragically lost a loved one, you might feel overwhelmed and unsure about what steps you need to take next. Learning that your family member's death could have been prevented if not for the negligence of another party worsens the situation by adding more grief and suffering. If your loved one provided most or all of your household income, you might also be facing financial struggles. You have options. California law allows eligible family members to bring a lawsuit when a wrongful death takes the life of a loved one.
If you know your loved one died because of someone else's actions or negligence, or you are uncertain about your next steps, consult with a West Covina wrongful death attorney. An experienced attorney can review the circumstances of your loved one's death and advise you on the best course of action for your situation.
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Many dangerous situations lead to fatal injuries that justify a wrongful death claim. Examples of scenarios commonly associated with West Covina wrongful death lawsuits include:
If the cause of your loved one’s death is not listed above, do not be afraid to consult with an attorney who can review your case and advise you if you have a viable wrongful death claim.
Unfortunately, we often lose people we love unexpectedly and long before their time, but not all sudden deaths are wrongful deaths. A wrongful death occurs when a person dies from intentional harm or negligence.
California law allows eligible family members to bring a lawsuit against the person, company, government, or another party that is responsible. These lawsuits, referred to as wrongful death actions or wrongful death claims, compensate families for the loss of their loved ones if they win their case.
California law provides two years for eligible family members to file a lawsuit against the party responsible for the death of their loved one. However, if you are filing a wrongful death claim against the City of West Covina or the State of California, you must file your claim within six months from the date your loved one died. The statute of limitations for minor children who lose one or both parents begins on their 18th birthday, since they are not expected to take action when they are underage.
Different time limits apply to different wrongful death situations. It’s best to consult with an experienced West Covina wrongful death lawyer soon after your loss to ensure you meet all requirements and deadlines. California courts must follow the letter of the law, so if you fail to meet the deadline that applies to your case, it’s likely you will miss out on recovering damages related to the loss of your loved one.
If you bring a wrongful death lawsuit after the loss of a loved one, you could receive compensation for various damages related to your loss. Common damages included in wrongful death settlements and jury awards include compensation for:
Your West Covina wrongful death lawyer can review your claim and advise you on which damages apply to your situation.
California law only permits certain family members to bring a wrongful death lawsuit after the death of a loved one. They include:
Under California law, eligible family members can directly sue the party responsible for the death of their loved one. However, a representative of the estate of the deceased can also file a lawsuit on behalf of one or more family members.
California law provides two different pathways for families to recover damages after losing a loved one. In most cases, families combine both paths by filing a wrongful death claim along with a survival claim. California law does not permit the recovery of punitive damages in wrongful death claims, but courts sometimes award punitive damages in survival claims to punish the defendant for their negligence.
The best way to think of a survival claim is as a personal injury claim that seeks damages that your loved one could have had a legitimate claim for if they survived their injuries. The law requires that a personal representative of the estate of the deceased brings the survival claim, which centers around losses incurred between the time of injury and the time of death. Those whose loved ones died immediately from a fatal injury cannot pursue a survival claim.
If the estate brings a survival claim and wins, a California court might award compensation for:
Your West Covina wrongful death lawyer from Kash Legal can advise you if filing a survival claim is right for your family and if you might qualify to receive punitive damages.
Suddenly and tragically losing a loved one to a preventable accident caused by negligence can leave families in financial distress on top of the grief and anger they feel. You need to mourn and find a way to move on during this difficult time without the grief of fighting an insurance company. Let a skilled West Covina wrongful death lawyer handle your claim.
The experienced lawyers at Kash Legal can evaluate your case during a free consultation. Contact our West Covina wrongful death attorney at (888) 527-4128 or visit us online to schedule a free case evaluation.
We will be in touch within 24 hours.
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