Wrongful Death Cases
Have you lost a loved one due to someone else’s negligence? In California, surviving family members or the estate of a wrongful death victim has the right to sue for damages, whether from negligence, recklessness, or intention - Code of Civil Procedure 377.60. No matter if the death was due to a car accident, medical malpractice, or murder, your family is now a member short. You deserve to be represented by an experienced legal advocate that will offer personalized counsel while spearheading your case with relentless dedication. Our Dash and Port LLP, Injury Attorneys legal team is ready to make your voice heard!
What Type of Injuries Can Lead to Wrongful Death?
The pain of losing a loved one is excruciating, especially when it could have been prevented. A wrongful death claim can be filed in California for compensation for the psychological and financial pain experienced. A few common injuries that lead to wrongful death are:
If the deceased passed for a separate reason, you might still have a case. Reach out to us directly for counsel.
Who is Entitled to Death Benefits in California?
When someone dies from a workplace injury, laws are in place to protect their families. Individuals entitled to death benefits in California are those who were dependent on the deceased worker for financial support; this is split into total dependents and partial dependents.
Total Dependent = A spouse who earned $30,000 or less in the twelve months before the death and children under eighteen.
Partial Dependent = This is determined based on the facts and circumstances of the case.
A dependent is someone who was a household member or an immediate family member living with the deceased employee.
What Are You Entitled To Compensation For?
If your wrongful death case is successful, your settlement check should cover damages, both economical and non-economical, such as burial expenses, loss of consortium, loss of companionship, emotional anguish, and more. While money can’t bring your loved one back, it can relieve your burden while you grieve.
What Qualifies as a Wrongful Death Lawsuit?
Any accident caused by negligence qualifies as wrongful death and is eligible for trial. These accidents can be from -
Another cause of death that may be eligible is if it was done intentionally. Even if you lost the criminal case, you might succeed in winning a wrongful death suit.
What Should I Do if I Lost a Loved One in a Wrongful Death?
If you’ve just lost someone in a wrongful death, you’re most likely in shock, but it’s vital that you act quickly. In California, the statute of limitations is two years. However, suppose the death was due to a healthcare provider's negligence. In that case, it’s three years from the date of injury or one year after the injury is discovered. If due to an accident with an LA city vehicle or medical malpractice at a county or state hospital, you only have six months to file a claim.
Your first step should be to contact a wrongful death attorney. Don’t speak to the insurance companies or police; let your lawyer handle that. Next, if possible and/or applicable, take photos and video documenting the scene of the accident.