Understanding Wrongful Death
Losing a loved one is one of life’s most challenging experiences, especially when it occurs due to someone else’s negligence or misconduct. In California, the legal system provides recourse for families who have lost a loved one through wrongful death actions.
As a leading law firm specializing in personal injury cases, the Law Offices of Adrianos Facchetti is here to guide you through the complexities of wrongful death law in California.
What is the Wrongful Death Law?
Wrongful death law allows surviving family members to seek compensation for the loss of a loved one caused by the negligence, recklessness, or intentional misconduct of another party. These laws aim to provide financial support to dependents left behind and hold accountable those responsible for the wrongful death.
3 Common Types of Wrongful Death Claims
Wrongful death claims can arise from various situations, including:
Car Accidents
Fatalities resulting from negligent driving, such as drunk driving, speeding, or distracted driving.
Medical Malpractice
Deaths caused by medical errors, surgical mistakes, or failure to diagnose and treat conditions promptly.
Workplace Accidents
Fatalities occurring on the job due to unsafe working conditions, equipment malfunction, or employer negligence.
The Basic Elements of Wrongful Death Litigation
To succeed in a wrongful death lawsuit in California, the plaintiff must prove the following elements:
The defendant owed a duty of care to the deceased.
The defendant breached this duty through negligence or misconduct.
The defendant’s actions or omissions directly caused the death.
The surviving family members suffered measurable damages as a result of the death.
Proving these elements requires thorough investigation, expert testimony, and legal expertise.
How Do You Prove a Wrongful Death Lawsuit in California?
Proving a wrongful death lawsuit in California involves gathering evidence, such as medical records, accident reports, witness statements, and expert opinions. Demonstrating the defendant’s negligence or misconduct requires a comprehensive understanding of relevant laws and legal procedures. An experienced wrongful death attorney can help navigate the complexities of the legal system and build a strong case on behalf of the surviving family members.
Wrongful Death Statute of Limitations in California
It’s essential to be aware of the statute of limitations for filing a wrongful death lawsuit in California. Generally, plaintiffs have two years from the date of death to initiate legal action. Failing to file within this time frame can result in the loss of the right to seek compensation. However, certain exceptions may apply, underscoring the importance of consulting with an attorney promptly.
How to File a Wrongful Death Lawsuit
Filing a wrongful death lawsuit involves several steps, including:
01.
Consultation
Schedule a consultation with a wrongful death attorney to discuss your case.
02.
Investigation
The attorney will conduct a thorough investigation to gather evidence and assess liability.
03.
Legal Proceedings
If a settlement cannot be reached, the attorney will file a lawsuit and initiate legal proceedings.
04.
Negotiation or Trial
The parties may engage in negotiation or proceed to trial to resolve the case.
Call us at 626-793-8607 or fill out the form below to schedule your initial confidential consultation.
Let’s talk about your case.
Contact us today at 626-793-8607 or fill out the form below to schedule your initial confidential consultation.