Wrongful death is a catastrophe, something that a family will have difficulty recovering from – emotionally and financially. Losing a loved one unexpectedly can leave his or her family with financial problems, especially if the one who died was the breadwinner. Hire the best wrongful death trial attorney in Glendale to ensure that your family can recover damages.
What is Wrongful Death and Why Does it Occur?
Wrongful death occurs due to another person’s negligence and not because of the deceased’s negligence. It would have not ensued if that particular person had not been careless. Wrongful death happens when someone dies because of another individual or entity’s misbehavior.
Even if there might be criminal litigation associated with the demise, a wrongful death case is a civil action. It’s disparate and different from any criminal offense. In terms of civil cases, the standard of proof is lower compared to the criminal case for murder.
Several different situations can provoke a wrongful death lawsuit. These include vehicular accidents, toxic torts, medical malpractice, criminal activity, or manufacturing defects. Every state has its own wrongful death stipulation, own standards, and system. Hire the best wrongful death trial lawyer in Glendale to help better understand law procedures.
Calculating Wrongful Death
In a wrongful death case, the family’s victim can file a claim for both economic and non-economic damages.
Economic damages will make reparation to heirs for the monetary support. This was the financial assistance that the surviving family could have hoped to get from their loved one if not for his or her untimely death. This type of claim is typically established by regarding the situations during the victim’s death. These calculable damages include:
- The deceased financial support to his or her family if he or she had lived
- Gifts and other benefits the surviving family could have received from the deceased family member
- Burial and funeral expenses
- The justifiable value of household chores or services the departed would have given
- The worth of lost benefits including the deceased’s pension or health insurance
- Medical bills and other hospital expenditures
Non-economic damages, on the other hand, are more unquantifiable. It falls under California’s law regarding the loss of consortium. This involves surviving spouse or domestic partner and can bring about damages for the loss of the following:
- Training and counsel
- Sexual relationships
- Moral support
- The departed’s intimacy and reliance
Wrongful Death Liability
A wrongful death claim in California is usually assumed on any kind of misconduct. These include disregardfulness, lack of proper care and attention, or intentional misdemeanor. Applicable claims can include:
- Child abuse
- Medical malpractice
- Sexual assault
- Vehicular Accidents
- Slip and fall accidents
In some cases, the defendant is held accountable for wrongful death under the “strict liability” conviction even if he or she isn’t negligent. This includes dog bites and injuries due to using defective products.
California’s Statute of Limitations
Under California law, the heirs have two years of filing a claim from the date their loved one died. However, there’s an exception called the “discovery rule” that applies provided that:
- You honestly have no idea about the victim’s death
- The reason for death leading to your wrongful death claim wasn’t clear at some point in time following the injured person’s demise
In cases such as above, you might have enough time to file a claim, which is two years after knowing the victim’s death. This also applies after identifying the cause of death which leads to the filing of a claim. To save you from the hassle and inconveniences of the procedures, hiring the best wrongful death trial attorney in Glendale is your best option to make everything easier to bear.
Another exception is filing a lawsuit against a public entity. You can file a claim within six months of your loved one’s death. When there’s claim denial, you have another six months to sue the defendant.
When it comes to medical malpractice, filing of wrongful death claim is within three years from the date of injury. It’s also applicable when you just discover the injury after a year. The statute of limitations varies based on the circumstances. Due to the nature of legal proceedings, the best wrongful death trial attorney in Glendale is your best ally because they know how it works.
Hire the Best Wrongful Death Trial Attorney in Glendale
Losing a loved one is devastating. It’s an experience you can’t just forget and remain painful as long as you live. We at the Benjamin Law Firm understand how you feel and we’re extending our hands to lift some of the burdens to make it bearable for you.
We’ll provide you our best team of compassionate and skilled wrongful death trial attorneys to handle your case. You can reach us at 818-423-4878. Let’s talk about your case at no cost.