Wrongful death occurs when an individual loses his or her life due to the accidental, intentional or negligent acts of another person or entity. Various types of accidents or incidents can cause the fatality, such as vehicular or traffic accidents, dog bites, product defects, nursing home abuse, work injuries, or even slip and fall accidents. When a wrongful death occurs, the decedent’s family members and other beneficiaries may be eligible to file a wrongful death claim against the party at fault. If someone dear to you has suffered a wrongful death, consult with a San Diego wrongful death attorney at Lexton Law Firm as soon as possible.
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Wrongful Death in California
Under California Civil Code, wrongful death is a tort action wherein every individual is bound to abstain from injuring another individual or another person’s property, or infringing upon another individual’s rights.
In a wrongful death, a wrongful death can be intentional, negligence or strict liability.
A wrongful death claim brought against a person or entity under an intentional tort needs to prove that the defendant was aware that his actions would result in injury or death, and that the party recklessly or willfully disregarded safety. As a result of the defendant’s actions, another individual was therefore killed.
A negligence tort involves a defendant whose reckless or careless actions hurt another individual, although the defendant did not intend to hurt another. Death was an unintentional consequence of a defendant’s behavior. Common examples are drivers who fall asleep while driving, or homeowners who fail to secure or enclose their swimming pools.
A strict liability tort is executed on defendants engaged in extremely hazardous activities, regardless of their level of fault or how cautious they may have been. This includes storing hazardous chemicals or explosives, or owning dangerous animals.
Filing a Wrongful Death Suit
In California, wrongful death claims are regulated. Only individuals with a certain relationship to the decedent may be allowed to file a wrongful death claim, based on a specific order of priority. To find out if you are able to file this claim, consult with a wrongful death attorney from Lexton Law Firm.
Delaying legal actions can be a costly mistake. Under California law, strict limitations are set to determine how much time an individual has to file a wrongful death claim.
Statute of limitation
In cases of death resulting from battery, assault, or injury or death of an individual due to the negligence of wrongful acts of another, an individual has two years to file a wrongful death lawsuit against a defendant under California law.
Claims against a government entity
Claims filed against city, county, state or federal government entities are more complex. Some require at least 30 to 180 days notice prior to filing a lawsuit. In certain situations, failure to notify the government entity may impede a plaintiff from the right to sue them.
Compensation in a Wrongful Death Claim
If you are eligible to receive monetary compensation in a wrongful death claim, then you may receive recompense for:
- Funeral and burial costs
- Related medical expenses
- Pain and suffering
- Loss of care, affection and companionship
- Loss of benefits to heirs
- Loss of present and future anticipated earnings
- Punitive damages
Lexton Law Firm
Lexton Law Firm has been successfully handling wrongful death cases from various parts of California for the past 30 years. Headed by , our expert legal team has a wealth of experience in this particular area of law.
At Lexton Law Firm, our wrongful death lawyers are aggressive yet compassionate. We work tirelessly to ensure that our clients are rightfully compensated for the loss of their loved ones. We understand the emotional and financial anguish you and your family must be going through. Our law firm works on a contingency basis, and charge no upfront fees, filing costs or court fees. We only get paid if we win your case.