Wrongful Death FAQ - California
Across the United States, unfortunate incidents occur nearly every minute, which may take the life of our family members or close friends. This may lead to a tremendous amount of pain and suffering, lost wages, loss of enjoyment of life, and piling expenses. In fact, in 2011, over 2.4 million people in the United States passed away, while over 120,800 died due to an unintentional injury.
According to the Centers for Disease Control, in 2010 four major causes of unintentional deaths were falls, auto accidents, firearms, and poisoning. At Arnold Law Firm, our wrongful death lawyers are prepared to stand up to all negligent individuals that bring harm to innocent victims and their families. Our team will set forth to obtain the maximum compensation for you and your loved ones after your tragic loss.
To learn more, contact us at (916) 777-7777 or complete the Free Case Evaluation form on this page.
What Is Wrongful Death?
Wrongful death is the unnecessary death that is caused by the negligent actions of another individual. Some examples include deaths caused by drunk driving, reckless driving, dangerous medications, defective products and misdiagnosis.
Are There Different Considerations in Cases Involving the Death of a Child?
In cases involving the death of a child, your lawyer will draw on all the means accessible in order to show the court what this death means to the family in terms of love and affection, and the loss of companionship.
Can I File a Wrongful Death Lawsuit?
In the state of California, wrongful death allows certain individuals with a designated relationship to the victim to file a wrongful death claim. Although some exceptions do exist, the following individuals may claim wrongful death; spouse, children, issue of deceased children, registered domestic partner, dependent putative spouse, dependent stepchildren, dependent minors living in the house for a minimum of six months, and parents.
How Do I know if I have a Wrongful Death Case?
In most instances, there will be certain circumstances which may constitute a wrongful death lawsuit including; negligence, intent to harm, or survival of a family member. A person will have grounds to file a wrongful death lawsuit if these elements are present.
How Do Judges and Juries Determine the Value of a Non-Economic Loss?
Economic loss is based on a number of factors including; funeral expenses, medical expenses relating to the death, and income earned throughout ones life. These calculations are often extremely complex and must take into account the persons ages, health, and earning capacity at the time of death.
How Do Judges and Juries Determine the Value of Punitive losses?
Punitive damages are awarded to punish the defendant for bad conduct. In some states, these damages may not be available in wrongful death lawsuits or not recoverable against certain defendants including those of governmental agencies. Of course, treble damages could be recovered against nursing homes and elderly abuse and death.
How Long Do I Have to File a Wrongful Death Lawsuit?
In the state of California a wrongful death lawsuit must be filed within two years of the incident before a lawsuit can no longer be filed.
How Long Does It Take To Settle a Wrongful Death Case?
There is no exact amount of time one can predict on how long it takes to settle a specific case as a number of factors may be involved. Of course, at our law firm wrongful death cases are handled promptly to allow you to move on with your life and not need to worry about how to handle this unfortunate financial situation.
Is It Important to Speak with An Attorney?
Yes. It is extremely important to speak with an attorney regarding the loss of your loved one. These types of cases are extremely complex and confusing, therefore it is important to seek a lawyer who will explore your legal options and knows how to develop a robust case.
Need More Help? Contact Our Lawyers Today
Keep in mind that the state of California has strict time limitations on which an individual may file a wrongful death lawsuit, therefore it is imperative to contact an attorney as soon as an unfortunate death has occurred. At Arnold Law Firm, our lawyers have achieved millions in verdicts and settlements for our clients and will act as though we have lost a family member of our own while working to achieve the compensation you deserve.
To learn more about how Arnold Law Firm can help you, call us at (916) 777-7777 for your free case review.