Most people aspire to spend long and healthy lives with their closest loved ones. Unfortunately, life has a way of undermining people’s expectations with unpredictable circumstances.
Someone in the prime of their life can die without any warning after encountering the wrong person in traffic or visiting the wrong place at the wrong time. Those who have recently lost a loved one in California may sometimes have the option of taking legal action.
Wrongful death lawsuits can be a way to pursue both economic justice and a sense of closure after a tragedy. Those hoping to take legal action need to ensure that they meet the three standards outlined below for a successful wrongful death lawsuit in California.
Timely action
One of the most common mistakes people make about wrongful death lawsuits is the failure to take action quickly. While death is a permanent consequence, those who have lost a loved one do not permanently have the right to take legal action. Instead, that right expires two years after the death of their family member. The statute of limitations strictly limits legal action, making it necessary for families to act quickly to pursue justice.
Proof of eligible circumstances
No matter how tragic the situation may seem, not every premature death qualifies as a wrongful death under California state law. Plaintiffs pursuing a lawsuit typically need proof supporting their claim that a business or person was at fault for the incident. Typically, proof of negligence or misconduct is necessary to file a lawsuit. Thankfully, the standard of proof required is lower when filing a lawsuit as opposed to prosecuting a case against the party at fault for the tragedy. Even if state prosecutors did not take action, a lawsuit might still be possible.
Evidence of financial harm
Actual losses are a key aspect of any successful personal injury lawsuit, including wrongful death lawsuits. Plaintiffs need proof of the economic harm caused by the death of their family member. Medical bills, income records and even records of the unpaid work that someone once performed for their family could help establish the financial impact that their desk may cause. The financial consequences of a collision are the most important consideration when determining how much compensation to seek in a wrongful death lawsuit.
When successful, wrongful death lawsuits can give families a sense of justice while also creating financial consequences for those who behave irresponsibly or break the law and cause harm as a result. Evaluating a situation carefully with the assistance of a skilled legal team can help families determine if they are in a position to file a wrongful death lawsuit in California. Those with viable grounds for a lawsuit often need to act quickly if they want to demand accountability from the party at fault for a tragedy.