The worst has happened, and now you and your family must struggle to go on with your lives. Because of another person or party’s negligence or recklessness, a loved one is dead. Any unexpected death causes pain, but– knowing that your family member did not have to die only magnifies your grief.
The dedicated team of Los Angeles wrongful death lawyers at Salamati Law fights for your rights and holds those responsible for your loved one’s demise accountable.
California Wrongful Death
California law permits the filing of wrongful death claims by family members of people who succumbed to their injuries– because of another party’s actions. Many wrongful death lawsuits concern motor vehicle accidents, including those involving pedestrians or bicyclists. Other common causes of wrongful death include:
- Workplace accidents— Such fatalities occur most frequently in the construction industry, but any workplace accident can result in death.
- Premises liability— A bad fall involving the head may prove fatal. Property owners have a duty to maintain their buildings, parking lots, and other structures in a safe manner.
- Defective products– Any defective product may cause death if, for example, the item explodes or causes an accident to occur. The same holds for a death resulting from defective drugs.
- Medical malpractice– When a healthcare provider is negligent in providing a standard of care to a patient, and the individual dies, family members may file a wrongful death action.
- Homicide, manslaughter, or assault– Although these are crimes, wrongful death actions are civil matters and separate from anything happening in a criminal court.
In most situations, the statute of limitations for filing a wrongful death lawsuit in California is two years. However, if medical malpractice is involved, the statute of limitations is either three years– or one year from the date the injury was discovered.
If any local, county, state, or federal agency is responsible, the period for filing a claim is much shorter, usually six months.
Filing Wrongful Death Claim
Only family members may file wrongful death claims, and the priority goes to the surviving:
- Spouse
- Domestic partner
- Children
If the decedent did not leave behind these relatives, then other family members, like a sibling or a parent, may file a wrongful death action. This is based on the state’s laws of intestate succession.
Contact our team of Whittier Wrongful Death Lawyers
Nothing brings your loved one back, but a compassionate personal injury attorney at Salamati Law can help you receive compensation for your loss and achieve a measure of justice. Schedule a free consultation by calling or texting 24/7 or contacting us online. We will evaluate your case to determine whether it meets the state statutes.
If it does, we will begin work immediately on an investigation so you might receive financial compensation to help offset your loved one’s lost income and future potential income. As we work on a contingency basis, there is no fee unless we win. Hablamos Español.
