Losing a loved one in a freak accident in Huntington Beach can be the worst experience of your life. Unfortunately, such accidents do happen. After the victim’s death, close family members can decide to take legal action against the responsible party. Of course, this won’t be an easy battle, which is precisely why you need to consult a Huntington Beach wrongful death attorney. In this post, we are sharing more on California laws and how an attorney can help.
The basics
The untimely death of a person can impact many people around him. However, not everyone can file a wrongful death lawsuit as per California laws. The list usually includes the surviving spouse/domestic partner, parents, children, or the next-of-kin. For instance, if you were a business partner to the victim, you cannot pursue legal action, no matter the eventual losses you endure.
Statute of Limitations in California
Each state in the US has its Statute of Limitations, which sets the deadline to file a wrongful death lawsuit after someone’s death. California is no different. The grieving family members (those who can legally pursue the case) should file a wrongful death lawsuit within two years from the deceased’s death. If the deadline expires, the court will typically refuse to hear the case. If you have the right to take action, consider initiating the claims process at the earliest.
Proving negligence
For personal injury and wrongful death lawsuits, the burden of proof is on the claimant. You need to share evidence that the other party was negligent, which contributed to the death of your loved one. You have to investigate the fatal accident and prove the negligent conduct of the at-fault party.
What damages can the grieving family recover?
California’s laws make it possible for immediate family members to recover both economic and non-economic damages. Your lawsuit can cover different types of losses, from funeral and burial expenses to loss of companionship and guidance.
How can a wrongful death lawyer help?
Experienced wrongful death lawyers are compassionate and offer all the support clients expect during such hard circumstances. They will evaluate the claim’s worth, gather evidence, talk to experts and witnesses, and take care of the paperwork. While most wrongful death cases don’t end up in court, the lawyer will prep the case for all possible circumstances.
All our lawyers in Huntington Beach work on a contingency fee basis for such cases – you don’t need to pay an upfront fee.
