Individuals who have suffered as a result of another’s negligence can hold the perpetrator accountable in court and receive economic and noneconomic damages for their suffering. What happens, however, when the victim passes away?
The State of California recognizes wrongful death lawsuits and under these, family members of the deceased can bring forth a suit against the party who caused the death of their loved one. This article will cover important things you should know before filing a lawsuit, although it is important to know that these elements are subject to change in accordance to California’s laws.
Identifying the Party Accountable for the Untimely Death
Under California’s Code of Civil Procedure §377.60, a wrongful death is caused by the intentional act or negligence of another. In legal practice, many lawsuits are brought after the following events:
- Truck accidents
- Car accidents
- Motor vehicle collisions involving pedestrians
- Motorcycle accidents
- Toxic chemicals
- Use of faulty products
- Criminal actions, such as murder or assault
A majority of wrongful death claims are filed asserting negligence. This means that there was a failure to use reasonable care, which resulted in the passing of a victim. For instance, motor vehicle drivers in California owe a duty of care to others on the road. Failing to drive safely and causing the death of another can then make a negligent driver be held accountable for the passing of the victim. Certain individuals related to the victim have the right to file a wrongful death lawsuit against the negligent party.
Who Can File A Wrongful Death Lawsuit?
Under California law, only certain family members can file a claim for the passing of the victim. These individuals include:
- The spouse of the victim,
- The domestic partner of the victim,
- Children of the victim,
- Parents of the victim,
- Dependents of the victim, or
- Those who have a right to the victim’s estate
Obtain the Legal Support of a Practiced Wrongful Death Attorney
Families who are grieving for the untimely death of their loved one are not expected to know the laws regarding filing a wrongful death lawsuit. Instead, it can be very beneficial to seek the legal support of an attorney who has experience in the matter.
Wrongful death claims can be incredibly complex, and grieving family members should not go through the process alone. Hiring a qualified wrongful death attorney can allow those who are grieving the opportunity to refocus on the family and allow the attorney to champion on their behalf.
The Law Offices of Albert E. Hirst specializes in helping families understand if they have a case as well as helping them understand the legal options available to them. Attorney Albert E. Hirst is qualified in the legal field of wrongful death lawsuits and is dedicated to helping those who have lost a loved one as a result of a tragic accident. Wrongful death lawsuits in the State of California are subject to strict deadlines; consult an experienced and professional attorney as soon as possible.