Receiving a call that your loved one was killed in an accident can turn your life upside down. Discovering that their death was due to the negligence of another person and therefore avoidable, however, can add another layer of devastation. It’s important to understand who in California can file a wrongful death claim on behalf of a loved one. The following blog explores what you should know about these matters, including the importance of working with a Sacramento wrongful death lawyer to fight for the justice your loved one deserves for their untimely death.
What Constitutes Wrongful Death?
Generally, anytime someone passes away from injuries sustained due to the negligence of another person, a wrongful death claim can be filed on their behalf.
In order to prove wrongful death, a number of different elements must be explicated. For example, you generally must show that the defendant had a duty of care to the victim and failed to ensure that duty was met. As a result, this breach of duty directly leads to the death of the individual. Finally, you must show the damages incurred as a result of the death of your loved one.
For example, if your loved one is killed in a car accident, you’ll need to show that the defendant owed a duty of care to your loved one, which is generally automatically assumed when operating a vehicle on public roads. Next, you’ll need to prove that the defendant violated this duty of care in some way. In some instances, like drunk driving, this is considered negligence per se and relatively simple to prove. However, if they were speeding at the time, you’ll need to utilize the evidence collected at the scene of the accident to help show that this duty was breached. Once you have shown the defendant owed and violated a duty of care to your loved one, you can show how it directly caused the death of your loved one and the subsequent damages you’re seeking.
Who Can File a Claim and What Damages Can Be Sought?
If you believe a loved one is the victim of wrongful death in California, it’s critical to understand your legal options in these matters. It’s critical to note that only certain individuals have the right to file this kind of claim, however. This is typically restricted to the deceased’s surviving spouse, partner, children, or any other dependents. If they have no immediate family to file on, those who would be entitled to their estate through intestate succession would be eligible to file a claim.
You should also note that in California, the statute of limitations for wrongful death claims is generally two years from the date on which the injury occurred. Though this may seem like ample time to file a claim, it’s in your best interest to connect with an experienced attorney as soon as possible to discuss your legal options. Generally, the sooner you can file a claim, the better.
As a family member, you can fight for several damages following the wrongful death of a loved one. This includes loss of companionship, lost income, any medical expenses incurred before their death, funeral expenses, and loss of intimacy with the deceased.
When your loved one is killed due to the negligence of another person, it’s critical to understand that you do not have to navigate this battle on your own. At the Law Offices of Dale R. Gomes, we know how difficult mourning the loss of a loved one is. That’s why our firm can handle the legal complexities of this matter so you can focus on healing from this difficult time in your life. Contact us today to learn how we help you and your loved ones seek justice.
