Wrongful Death Attorneys
Palmdale Lancaster Wrongful Death Lawyers
Wrongful death law is an area of the law that attends to the enormous physical, economic, and emotional losses associated with losing a loved one. None of us ever anticipates that we will lose a spouse, a parent, or another family member in an unexpected accident, yet deadly incidents happen more often than they should due to the negligence of other people.
If you have suffered the loss of a loved one in an accident or as a result of another person’s intentional wrongdoing, one of our Palmdale Lancaster wrongful death lawyers can speak with you today about the process for filing a wrongful death lawsuit in California.
What Is A Palmdale Lancaster Wrongful Death Claim?
Wrongful death law is a type of law that is connected closely with personal injury law. In short, it permits certain surviving family members of the person who sustained a fatal injury to file a lawsuit against the party who is responsible for the death.
While personal injury law allows the injured person to file his or her own lawsuit, wrongful death law acknowledges that the injured person is no longer alive to hold the liable party accountable or to seek damages. As such, California wrongful death law allows a survivor of the deceased to stand in his or her stead to file a claim.
Who Can File A Wrongful Death Lawsuit In Palmdale Lancaster?
Since wrongful death law is governed by state law, it is important to understand that wrongful death laws vary from state to state. Although some states require a “personal representative” of the deceased’s estate to bring the wrongful death lawsuit—even if there are surviving family members—California is different. Under California’s wrongful death law, the deceased’s surviving family members can be eligible to file a wrongful death claim.
More specifically, California law recognizes the right of a surviving spouse or domestic partner or surviving children of the deceased (or survivors of those children, if the children are no longer alive themselves) to file the claim. In some cases, surviving parents of the deceased also may be eligible to file a wrongful death claim.
If the deceased has no surviving spouse or domestic partner, and if there are no surviving descendants, then California law permits the party “who would be entitled to the property of the decedent by intestate succession” to file the wrongful death lawsuit. Certain people who were dependent upon the deceased also may be able to bring a claim, such as a putative spouse or stepchildren.
Damages In A Palmdale Lancaster Wrongful Death Lawsuit
By filing a wrongful death lawsuit, you may be eligible to seek two different types of compensatory damages, both of which are designed to compensate for losses associated with the death of your loved one:
which compensate for financial losses such as your loved one’s medical bills prior to their death, the deceased’s lost wages, and funeral and burial expenses; and
compensation for subjective or non-monetary losses associated with the death of your loved one, such as loss of companionship or loss of support.
How Much Time Do I Have to File A Palmdale Lancaster Wrongful Death Claim?
According to the California statute of limitations for wrongful death cases, you should anticipate that your lawsuit will need to be filed within two years from the date of the deceased’s death. While this might seem like a long time and you might assume that you do not need to rush, it is critical to get in touch with a wrongful death lawyer in Palmdale Lancaster as soon as you can.
The longer you wait to begin working on your case, the higher the chances the evidence may be lost and that you will not be able to win your claim.
Seek Advice From Our Wrongful Death Attorneys In Palmdale Lancaster
Do you need advice about filing a wrongful death lawsuit in California? Our experienced Palmdale Lancaster wrongful death attorneys are here to help. We know that family members should never have to deal with the immense pain of losing a loved one because of another person’s careless behavior, but we also know how critical it can be to file a wrongful death claim.
While a civil lawsuit cannot bring back your loved one, it can allow you to hold the negligent party accountable for causing your loved one’s death and to obtain compensation to help cover medical bills, burial costs, and non-economic losses that are not easy to quantify. Contact Oaks Law Firm to learn more about how our firm can assist you with a wrongful death lawsuit in California.
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Recovering the Damages You Deserve
If someone else is to blame for your injuries, you have the right to seek compensation for the full amount of damages you've suffered. These damages can include medical expenses, lost wages, property damage, as well as pain and suffering. You must bring forth your claim within one year of the accident date. Not filing your case within one year will bar you from recovery.