According to the CDC, accidents are the third cause of death in the USA, only after heart disease and cancer.
With these thoughts in mind, a person may contemplate the issue of whether one can even bring a wrongful death suit for a deceased relative.
Wrongful death claims are regulated by distinct laws from state to state. For instance, wrongful death claims in California permit the family members of the deceased to seek compensation for emotional suffering and pain caused by the wrongful death. The surviving family members of the victim are entitled to a substantial claim for justice under the current law, particularly because prolonged suffering due to the death serves as a valid justification.
Finding a lawyer for a wrongful death case may seem very intimidating, but do consider some really important qualities that ought to be present in a competent one.
Let’s discuss what the typical outline for a wrongful death claim process looks like and what you can expect during the filing of your claim.
Understanding Wrongful Death in California
It can be very devastating to lose a loved one from the reckless actions of another person. Understanding how wrongful death in California works is necessary to obtain justice.
Wrongful death, in this regard, refers to the legal demand that arises when a death occurs through some wrongful act of the other party. It can constitute incidents such as car accidents or medical malpractice and even intentional acts, including homicide.
Filing a wrongful death claim is a complex process with numerous intricate nuances. The process of claims entails innumerable activities like evidence collection. This activity encompasses gathering medical records and witness statements. A proper understanding of the legal intricacies behind the procedure will better inform one in preparing for the ordeal of pursuing a wrongful death claim.
Wrongful death cases differ from other types of compensation systems. For instance, workers’ compensation in North Carolina or other states handle workplace-related fatalities through a separate legal process.
Eligibility to File a Claim
Filing wrongful death actions requires that you meet certain eligibility requirements. In California, only certain individuals are allowed to bring these claims. Usually, the deceased family members are a spouse, domestic partner, child, or parent.
If there are no direct heirs from the deceased, a sibling or grandparent may also be eligible. You are required to show that you suffered financial damages or emotional distress as a result of the wrongful death of your loved one.
The statute of limitations requires that all claims be filed within two years from the date of death. Case timelines in these laws govern how you may present your claim.
Gathering Evidence and Documentation
Gathering evidence and documentation is required before an individual may file a wrongful death lawsuit to form a strong case against the defendant.
The first shall be the collection of medical records indicating the injuries sustained and treatments undertaken by the deceased. The medical records will not only help by offering evidence that treatment was administered, but they will also describe the injury sustained. Such information is important for determining the cause of death.
You will obtain a law enforcement report or accident report describing the act once you have submitted the necessary evidence. Efforts should be made to find the witnesses that were actually present at the site of the accident.
Every economic loss that comes from the wrongful death case should also be documented, from funeral expenses to any lost earnings. Always keep evidence like pictures of the scene, any relevant injuries, or anything that may help with your claim.
With some good organizing, these items of evidence would be very useful in establishing liability and in quantifying the damage situation.
Filing the Claim: Steps and Deadlines
A wrongful death claim means undergoing a process with deadlines to fulfill.
Firstly, your eligibility to present a claim must be determined, as only some family members are granted the right to pursue such claims.
You then proceed to prepare the claim by gathering documentation such as the death certificate of the deceased and proof of negligence.
Having collected everything you might need, you now proceed to file the claim in the appropriate court.
Remember, you usually have two years from the date of death to file in California. If you fail to file for compensation within the time limits provided by law, you will have lost the chance to sue for damages.
You need to have great representation for going after wrongful death compensation.
What to Expect During the Legal Process
A wrongful death case is very difficult when one is experiencing emotional turmoil. So the very first step will be to collect all pertinent documents, such as the death certificate and medical records that are of some importance.
Your lawyer will file the claim and begin a full or complete investigation, which may entail hearing statements from witnesses and conducting an examination of evidence.
After investigating, you may face a negotiation phase with the insurance company. The process involves discussions or even back-and-forth bickering regarding the compensation. In case the settlement seems unfair or the claim is rejected the other way, your case proceeds to trial.
Presenting testimony and evidence will follow, while either the judge or the jury will make the decision. You must have a tight communication connection between you and the attorney on the entire journey to keep yourself well-informed.
