A Brief Summary of the Following Article
- Eligibility: In California, wrongful death claims can be filed by the deceased’s spouse, children, or domestic partner. If unavailable, those entitled under intestate succession, like parents or siblings, can act on behalf of the deceased.
- Evidence Gathering: To pursue a wrongful death claim, evidence of negligence and liability is essential. This involves proving a violation of duty of care towards the deceased and may require professional analysis to establish a party’s liability.
- Loss Valuation: Claimants must calculate the value of losses including pain and suffering, emotional distress, property damage, healthcare costs, and funeral expenses, to determine the rightful compensation in a wrongful death claim.
- Statute of Limitations: California sets a two-year statute of limitations for wrongful death claims. This period is crucial for gathering necessary evidence and filing the claim. Missing this deadline can forfeit the right to legal action in civil court.
Wrongful death is a tragic event where a person’s life is cut short due to the negligence or misconduct of another. It leaves families not only grieving but often struggling with unexpected financial burdens and a profound sense of injustice. Seeking legal recourse is a crucial step in addressing these hardships and holding the responsible party accountable.
At Setareh Law, we recognize the urgency and sensitivity of these cases. Our Tracy personal injury attorneys are ready to meet with you after your loved one’s passing to discuss your rights and the potential for legal action. We act promptly, ensuring your case moves forward well within the statute of limitations. In your time of grief, let Setareh Law handle the complexities of your case, allowing you to focus on healing.
Who Can Bring Forth a Wrongful Death Claim in California?
Whether your loved one was lost in a Tracy car accident, a construction incident, or any other negligent situation, the same two-year statute of limitations applies from the date of passing. California only allows certain parties to take action on behalf of deceased residents. The deceased’s spouse, children, or domestic partner has the first right to legal action. If you fill one of these roles, you can meet with an attorney right away.
If none of these parties are available to act on behalf of the deceased, anyone who can benefit from intestate succession can take action against the party as liable for a loved one’s passing. These parties can include the parents of the deceased, as well as the deceased’s siblings.
How to Build a Wrongful Death Claim
The National Safety Council reports that preventable injuries now rank as the third leading cause of death in the United States, behind only heart disease and cancer — and many of those deaths are the direct result of another party’s negligence. When that happens in Tracy, California law gives your family the right to seek accountability through a wrongful death claim. There’s more than one way to take legal action after a loved one’s wrongful death. If you’re struggling to determine your next steps after your loved one’s wrongful passing, you can work with a Tracy wrongful death lawyer to bring a wrongful death claim forward in civil court.
Building this claim requires you to take the following steps:
Find Evidence of Negligence and Liability
You can’t bring a wrongful death claim forward if you don’t have evidence establishing a particular party is liable for your loved one’s passing. You must meet California’s burden of proof if you want to move your case forward. You can do this by bringing forward a variety of forms of evidence placing a liable party at the scene or otherwise outlining the ways a particular party violated the duty of care of your loved one.
Our team will work with you to find the evidence you need — drawing on experience from complex cases involving Tracy construction accidents, multi-vehicle collisions, and other incidents with multiple liable parties. This effort can make it easier for you to shorten settlement negotiations or streamline a wrongful death trial.
Calculate the Value of Relevant Losses
Personal injury claims give you the right to demand fair compensation for the losses that your loved one endured prior to their passing, as well as the losses you now have to contend with as a result of that person’s death. Before you can request that compensation, though, you need to understand the value of your case.
The losses you may be able to integrate into a wrongful death claim can include the following:
- Pain and suffering
- Emotional distress
- Lost wages
- Lost opportunities to return to work
- Property damage
- Healthcare, including hospice
- Funeral expenses
Our team can help with the investigative process and make sure that you meet the burden of proof established by the state of California before submitting your claim.
File Within Your Case’s Statute of Limitations
California’s personal injury statute of limitations controls the amount of time you have after a loved one’s wrongful death to take legal action against the party you believe to be responsible for that person’s passing. You have no more than two years to gather the evidence you need to meet California’s burden of proof.
This statute of limitations on wrongful death cases is firm. It strives to keep the cases that come before California’s civil judges as relevant as possible. If you miss your filing deadline, you may waive your right to take a loved one’s wrongful death case to civil court.
Fortunately, Tracy wrongful death attorneys can also clarify the important distinction between a wrongful death claim and a survival action, as both may be available to your family depending on the circumstances. We can look into the negligence that caused your loved one’s death while you prioritize post-life care and your own emotional recovery.
Setareh Law Can Help File Your Loved One’s Wrongful Death Claim
It’s time to take your loved one’s wrongful death case to civil court. Let the wrongful death lawyers at Setareh Law represent your best interests as you pursue the compensation you deserve.
You can book a free case evaluation with our team by calling our office at (209) 560-6939 or filling out our contact form.
