Our attorneys seek justice for injury victims in the San Diego and Riverside areas.

Important Factors to Consider When Filing for a Wrongful Death Claim in the State of California   

| Dec 4, 2018 | Wrongful Death

If you have lost a person you cared for due to the negligence of another party, you should know that you might have the opportunity to seek financial restitution for your sudden loss. In legal terms, this type of claim is known as a wrongful death case. When a tragic and sudden death has occurred, wrongful death claims can help to restore the families grieving by helping to pay for expensive funeral costs and potential medical bills the victim may have accrued. Wrongful death claims can be brought forth by the surviving members of the perished victim. In brief, wrongful death claims can be caused by any of the following:

  • Careless surgeons
  • Drunk drivers
  • Defective products
  • Or any party liable for the negligence that caused the death

A wrongful death is caused by any negligent or otherwise intentional conduct. It is worth noting that every state will have its own rules and regulations regarding wrongful death claims. For instance, depending on the state, only a specific group of people are able to file a wrongful death claim for the death of their loved one.

If you wish to pursue a wrongful death claim for the unexpected passing of a loved one at the hands of a negligent party, you should consider speaking to an attorney who has experience in the matter. Under current law, the State of California allows only a small window of time for wrongful death claims to be filed. An expert attorney can guide you through the process of filing a lawsuit in a timely manner. This article will cover some of the most essential elements you should know if you are considering filing a wrongful death claim.

What is a wrongful death claim?

Generally, a wrongful death claim is filed when a party is accused of being responsible for the death of a person. In the State of California, wrongful death is caused by a wrongful act or negligence.

Identifying Negligence

Negligence is the legal term used to describe the carelessness of the accused party. For instance, a drunk driver is accused of being negligent for failing to drive safely or within legal standards. Other forms of negligence may include, but are not limited to the following:

  • Negligent driving
    • Drivers who drive without regard to other drivers, thus being careless.
    • This could be through driving under the influence, driving recklessly, or not obeying street signs and signals.
  • The failure to maintain a safe premises
    • Many property owners have the duty to maintain a safe premises for those who are invited into the property. If the failure to make a repair that caused someone’s death could have been prevented, this is considered negligence.
  • Medical malpractice
    • Medical negligence can happen when a medical professional has failed to act in accordance to how other medical professionals would act in a similar situation.

The Bottom Line

If you have lost a loved one due to the negligence of another party, you should consider speaking to a qualified attorney who can guide you through your available options. As previously mentioned, every state will have different laws regarding wrongful death claims.

The attorneys at Martinez & Schill LLP have experience in dealing with wrongful death claims. They are dedicated to helping a victim’s survivors obtain financial compensation for the tragic loss of their loved one.