The unexpected loss of a loved one is always a traumatic time in the lives of family members. Afflicted family members may need to consider how they will pay medical and funeral costs. However, the long-term effects of these incidents can be just as devastating. A death can cause a family to lose income as well as the companionship of the deceased.
One way to help a family move forward is to pursue a wrongful death lawsuit against the person or company responsible for the death. To prevail in these cases, plaintiffs need to show that the death would not have occurred but for the negligence or violent act of another party. This can be a difficult legal standard to meet.
A Corona wrongful death lawyer may be able to help. A compassionate injury attorney could work with you and your family to place blame for the death on the shoulders of individuals, companies, and insurance groups.
Not every death is wrongful under the letter of the law. Many people die of natural causes or in situations where there was nothing that anyone could do to save them. However, a wrongful death lawsuit may be appropriate if an attorney could show that another party’s actions led to the death of a family member. Another way to imagine this concept is to ask if the decedent would have had a valid personal injury claim had they survived the incident. As a result, car accidents, medical malpractice claims, and even slips and falls in Corona may all lead to wrongful death claims if the victim dies as a result of defendant negligence.
The aim of a wrongful death claim is to bring compensation necessary to comfort the decedent’s surviving family members. This comfort takes the form of monetary payments to cover outstanding medical and funeral bills as well as payments for lost future income and emotional traumas.
Only certain parties can serve as plaintiffs in these lawsuits. According to the California Code of Civil Procedure §377.60, only direct family members such as children, spouses, or parents have the ability to file wrongful death lawsuits in court. An alternate plaintiff may be the decedent’s personal representative if they nominated such a person in their will.
These plaintiffs have a limited time to file their cases in court. Under CA CCP §335.1, the statute of limitations for wrongful death claims is two years after the death occurs. This means that if a family does not initiate a case in court within this time limit, the court will refuse to hear the case. A Corona wrongful death lawyer could help to choose a proper plaintiff and bring a case to court within the appropriate time limits.
Few events will impact the lives of families as much as an unexpected death. Whenever this death is the result of the negligence or violent act of another party, the surviving family members have the right to demand compensation from responsible defendants. These defendants may be property owners, drivers of cars, medical providers, or manufacturers of products.
Still, wrongful death claims can be among the most complex in Corona. Not only do you need to demonstrate how a defendant was at-fault for the death, but you must also be prepared to provide evidence as to how that death has affected you and your family. This can include gathering medical bills, estimating a decedent’s future income, and placing a dollar value on lost companionship.
A Corona wrongful death lawyer could help to pursue these claims on your behalf. Whether the death was the result of an accident or a criminal act, contact an attorney today to see how they could help you collect the compensation owed to your family.
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