Wrongful Death Claims: Frequently Asked Questions

While wrongful death laws vary from state to state, the general concept remains — individuals with standing can sue the negligent party and seek financial compensation for their loss. In California, a “wrongful death claim” arises when one person dies as the result of the wrongful act or negligence of another person or entity and…
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Wrongful Death Claims: Frequently Asked Questions

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While wrongful death laws vary from state to state, the general concept remains — individuals with standing can sue the negligent party and seek financial compensation for their loss. In California, a "wrongful death claim" arises when one person dies as the result of the wrongful act or negligence of another person or entity and is brought in civil court by the survivors of the deceased person, or by the personal representative of the deceased person's estate. In a wrongful death claim, the guilty party does not go to jail. Instead, fault is expressed solely in terms of money damages, which the court orders the defendant to pay to the decedent's survivors (assuming the lawsuit is successful).

Types of wrongful death claims

Wrongful death actions may be possible in a number of tort claims, including:

  • Medical Malpractice
  • Fatal Car Accidents
  • Bus Accidents
  • Employment-Work Accidents
  • Boating and Airplane Accidents
  • Defective Products
  • Exposure to Dangerous Chemicals

This list is not exhaustive. To discuss whether you may be able to bring a wrongful death claim and whether you have the standing, or ability, to do so, speak with a skilled wrongful death attorney.

Do I need an attorney to file a wrongful death lawsuit?

Generally speaking, it is in your best interest to hire an attorney who has experience handling wrongful death lawsuits and a proven track record of success. In order to achieve the maximum compensation available, your attorney will likely bring in experts to explain the financial hardship your loss has had on your daily life. In addition, they will clearly and unequivocally set the blame on the guilty party so that there can be no question as to fault.

How long do I have to bring my wrongful death claim?

In California, you cannot wait too long before bringing your wrongful death claim. Indeed, in many instances, a claim must be filed within 2 years of the date of death. When it comes to medical malpractice, the statute of limitations may be reduced to one year.  If your loved one has died at the negligent or reckless hands of another, do not delay in reaching out to an attorney to help you file a wrongful death claim.

If your loved one was killed in an accident that was not his or her fault, or due to medical negligence, reach out to the knowledgeable wrongful death attorneys at Ghozland Law Firm today for a free consultation.

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Our employment & personal injury attorneys recognize that the individuals we work with are typically going through overwhelming and stressful times in their lives. When an individual hires us, we strive to provide the client with the strong legal representation and effective counsel they need to receive fair and just compensation. Our experienced attorneys are dedicated to helping our clients in their time of need. Our employment & personal injury team is comprised of well-respected lawyers who have been involved in several multi-million dollar settlements, earning us membership in the Million Dollar Advocates Forum®. This further demonstrates our ability to take on complex accident cases.

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With over 40 years of experience, we have handled many slip and fall cases. I can provide you with the caliber of legal services that is normally available only to large companies, due to my experience in large-scale litigation that has resulted in awards of millions of dollars on many occasions. In 2014, Michael Ghozland was named “Street Fighter of the Year” by Consumer Attorneys of California in 2014. Because of my outstanding trial record, winning your case will probably mean obtaining a private settlement, with no need to ever step into a courtroom. Insurance companies know my reputation, and most of them would rather settle than face me in a slip and fall lawsuit.