A recent car accident in Pasadena is a tragic tale. A 23-year old father was in his car with his wife and daughter when a 35-pound boulder came through his windshield. His wife drove them to the closest hospital but the father died shortly after arriving. His wife was 21 and his daughter was just four. Thankfully, neither of them were hurt. It’s likely that they’re considering whether or not it would be appropriate to file a wrongful death lawsuit against the at-fault party or parties for this accident.
Wrongful death suits must prove a number of things
In order for the family of a victim to bring a successful wrongful death lawsuit, they must be able to prove a number of things. First, they must prove that their loved one was killed. Second, they must prove that this death came as the result of willful misconduct or negligence. Finally, they must prove that the family suffered emotionally and / or financially as a result of the death.
Not everyone is entitled to file a wrongful death lawsuit
It’s not enough to have a person you love pass away. In the state of California, only people with certain relationships to the deceased are allowed to file a wrongful death lawsuit. The people with the first right to file this type of lawsuit include spouses, legal domestic partners, and children. If there are none of those left, then grandchildren, minor children who were financially dependent on the victim, and anyone who has a legal right to the deceased’s estate may be able to file a wrongful death case.
Call an attorney sooner rather than later: There is a statute of limitations
If you believe that you may have grounds for a wrongful death lawsuit then we encourage you to act right away. In the state of California, you typically have two years to file a wrongful death lawsuit. However, there are exceptions. For example, if the family described above discovers that the state of California or a local government agency was at fault for the accident, then they will have just six months to file their lawsuit.
Wrongful death cases can provide compensation for several types of damages
Each wrongful death case is unique but your personal injury attorney can help discover what damages you’re eligible for. According to California law, families can request damages for loss of financial support, loss of the deceased’s guidance and training, loss of gifts and / or benefits the victim would have provided to their heirs, loss of consortium, costs associated with the funeral and burial, the value of the services the deceased provided to the household, and the loss of love, companionship, protection, affection, and moral support.
If you’ve lost a loved one and another person or entity was at fault by either being negligent or reckless, then you need to talk to a personal injury attorney. At Law Offices of Michael A. Kahn we can offer a free legal consultation. Call us at (310) 209-1600 today.
