Wrongful Death Attorney in California
If you have lost a friend or loved one because of the negligence or wrongful act of another, it may help to learn how a California wrongful death attorney can help bring closure to this tragic life event. In the state of California, wrongful death is considered to be a death that is caused by “the wrongful act or neglect of another.” There are many different types and causes of wrongful death, but some of the most common include negligent or reckless driving, work related death, death from toxic substances, and medical malpractice. The use of smart phones and other digital devices has also created more wrongful deaths with individuals who are behind the wheel, due to driver distraction, and driving while distracted, which is also considered an act of negligence or recklessness while operating a motor vehicle on the road.
How a Fatal Accident Lawyer Can Help
While there is no way that any lawyer can bring back the loved one who has died as a result of a negligent act, it is still important to know how a fatal accident lawyer can help because financial compensation and the delivery of justice can help the survivors to move on with their lives. A wrongful death lawsuit can even often be filed in addition to criminal prosecution in the case of a negligent homicide or with similar types of cases. However, a wrongful death lawsuit is a civil action which seeks monetary compensation for a loss or for damages. To file a wrongful death claim, you must gather documentation of the evidence of the wrongful death and negligent action, such as hospital records, police reports or similar. It is also wise to collect information on the financial losses that the wrongful death created or will create for you and your family in the future without being able to depend on the income from the person who passed away.
Wrongful Death Litigation
In the state of California, there are laws about who may file a wrongful death claim when someone dies as a result of negligence. The deceased’s spouse or registered domestic partner may file the claim. The deceased person’s children may also file, and if there are no children, siblings or other relatives may file if they would have been beneficiaries of the deceased. Minors who lived with the deceased for more than 180 days and who depended upon him or her for at least one half of their support are also eligible to file a wrongful death claim. The statute of limitations, or time allowed for someone to file a wrongful death claim, is two years from the date of death. If more than two years have passed, the right to file this claim will be lost.
Call to Schedule a Free Consultation with a California Wrongful Death Lawyer Today
If you’ve lost a friend or a loved one to wrongful death, call to schedule a free consultation with a California wrongful death attorney today.
While filing a wrongful death lawsuit will not bring your loved one back, compensation can help the survivors to move on with their lives. We understand the laws applicable to wrongful death cases, and will work hard to get you the compensation that you deserve.
The compassionate legal staff at the Law Office of Kerry P. O’Brien of California will evaluate your case to find all sources of negligence and win you the maximum amount of compensation.
We serve the cities of Los Alamitos, Long Beach, Lakewood, Huntington Beach, Seal Beach, Garden Grove, Westminster and Anaheim.
Call us at 562.588.3069 and let us give you legal guidance you can trust.