What is a Wrongful Death Lawsuit?
Wrongful death lawsuits seek to provide damages for a family member, spouse, or other surviving relative of someone who wrongfully passed due to someone else’s negligence. A wrongful death is typically not an intentional act, and requires certain elements to be met for a claim to be a successful.
Personal injury law defines wrongful death as a death caused by the wrongful act or negligence of another person or entity. This can include fatalities resulting from incidents like car accidents, medical malpractice, or intentional acts such as assault. The decedent's surviving family members or their estate may file a wrongful death lawsuit to seek compensation for their loss.
Who can Claim Compensation for a Wrongful Death?
Under California law, only the close family members can make a legal claim for compensation against the person who negligently caused the loved one’s death. In most cases, these are those who were living with the deceased at the time of death. Those who can make a wrongful death claim are:- The spouse married to the deceased at the time of death.
- The domestic partner of the deceased living with the deceased.
- The surviving children
- Any dependent minor living with the child at the time of death.
What is the Statute of Limitations for a Wrongful Death Case in California?
In California, the statute of limitations for filing wrongful death claims is generally two years from the date of the deceased person's death. This means that a lawsuit must be filed within two years, or the right to sue may be lost. There are some exceptions to this statute, however, so don’t hesitate to contact a Van Nuys wrongful death lawyer if you and your family have been affected by a tragedy of this nature.
Type of Accidents in Van Nuys that can Result in a Wrongful Death Claim
Being active, unfortunately, also means a risk of getting injured and even killed. When it happens because of the negligence of someone else, then the victim’s survivors can make a claim for a wrongful death against the person who was negligent. Some of the ways people are victims of a wrongful death in Van Nuys are:- Car Accidents
- Slip or Trip and Falls
- Motorcycle Accidents
- Farm Tractor and Farm Vehicles Accidents
- Farm Machinery Malfunctions
- Riding Bicycles
- Ebike and Fatal Scooter Accidents in Los Angeles
- Walking
- Impaired Driver
- Hit and Run Accidents
- Rideshare Crashes
- Defective Products
- Death from Injuries at work due to third-party negligence
Damages in a Wrongful Death Claim
Many times the survivors of a wrongful death ask how compensation is determined. This is a good question because the law is different from a typical motor vehicle personal injury when it comes to paying compensation. The main thing is that the compensation is due to the survivor of the deceased based on how the death impacted the survivor and not so much how the death happened or if the deceased. Some of the determining factors include:- Outstanding medical bills from the victim’s treatment
- Lost present and future support
- Loss of benefits like retirement
- Mental pain and anguish of survivors
- Loss of companionship and guardianship
- Value of goods and services that would have been provided
- Loss of care and nurturing
- Loss of consortium (deceased’s spouse)
- Punitive damages if the death was intentional or due to gross negligence
