When a loved one unexpectedly passes because of another person’s irresponsible behavior, the emotional trauma can be much more difficult. This kind of death is often classified as a wrongful death. Wrongful deaths are often determined to be preventable if proper action had been taken. The healing process following the wrongful death of a loved one is often made much more difficult by the financial hardships that follow.
At Live Oak Injury Law Group, we are dedicated to helping you resolve your personal injury claim with a maximum recovery at a reasonable cost. If you have lost a loved one due to another party’s negligence, speak with a skilled personal injury attorney today. To learn more, read below, and schedule a free consultation.
A wrongful death claim can be filed to seek damages for the death of your loved one caused by a negligent accident. Generally, this means that you must be a family member or spouse in order to file a wrongful death claim but California Code of Civil Procedure 337.60 and CACI 3921 provide the specifics on who can file and what might be claimed as damages.
The damages that these individuals receive can be for economic damages such as funeral expenses, medical expenses associated with the victim’s illness/injury, financial support/lost wages, the reasonable value of household services, loss of gifts and benefits; and non-economic damages for loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, etc.
Like many claims, there is a statute of limitations on how long the potential claimants have to file their wrongful death claim. In California, the statute of limitations to file a wrongful death claim is two years from the date that the victim passed. If the family members miss this time frame, they risk losing their right to file their claim. See California Code of Civil Procedure 335.1.
However, if your wrongful death claim is founded on medical malpractice, your statute of limitation differs. In this case, the statute of limitations in California is “three years from the date of injury, or one year after the plaintiff discovers, or through the use of reasonable diligence should have discovered the injury”, whichever occurs first.
There is no emotional pain that compares to losing your loved one. If their death was preventable and due to someone else’s negligent behavior, it can be harder to accept your reality. At Live Oak Injury Law Group, we know how traumatic it can be when you lose a loved one in a wrongful death. We are committed to getting you the maximum recovery you are entitled to under the law. If your loved one has passed in a wrongful death, don’t hesitate to reach out and schedule a consultation with a skilled personal injury attorney from Live Oak Injury Law Group.