Did your loved one die as a result of the negligence or recklessness of a third party, such as another person or business? Are you planning to file a wrongful death claim? In a wrongful death claim, family of the individual who passed away seeks financial compensation for their loss, which can include lost wages, medical expenses, funeral cost, and additional damages, which you can discuss with your attorney.
Who can file a wrongful death claim?
Generally speaking, the victim’s surviving family members file a wrongful death claim. A wrongful death claim must be filed by a representative on behalf of the survivors who suffer damage from the decedent’s death. The representative is usually the executor of the decedent’s estate. Immediate family members. In California, immediate family members (such as spouses and children, including adopted children) and parents of unmarried children can recover under wrongful death actions.
When can I file a wrongful death claim?
When your loved one dies due to the fault of another person or entity (like a car manufacturer), as a survivor, you may be able to bring a wrongful death lawsuit. The most common examples of wrongful death cases are:
· Vehicle accidents – Any type of auto accident, such as a hit and run or drunk driving accident.
· Bicycle accidents – Bicycle accidents where the cyclist suffers fatal injuries.
· Pedestrian accidents – If a pedestrian dies due to someone’s reckless or intentional behavior, his or her loved ones can seek financial compensation.
· Medical malpractice or negligence – If a medical professional fails to provide the standard level of patient care and the patient dies, his or her family can sue for wrongful death.
· Slip and fall injuries – If a person slips, falls and dies on someone else’s property, their victim’s family can seek financial compensation.
· Product liability cases – If a defective or hazardous product results in your loved one’s death and the manufacturer failed to warn about the product’s danger, you may file a wrongful death claim.
· Workplace accidents – Examples include hazardous working conditions, faulty equipment, etc…
If you have lost a family member because of someone’s intentional or negligent actions, consult with a wrongful death attorney as soon as possible. The statute of limitations in California says that if you wait too long to bring a claim, you give up your ability to bring a suit.
For more information on filing injury-related lawsuits, contact the wrongful death lawyers at Ghozland Law Firm. Our attorneys have over 40 years of experience and expertise in the industry and offer free consultations.