You hope it never happens, but loved ones can die unexpectedly, without saying goodbye or creating wills. The shock and pain of losing a loved one are made even worse when they lose their life as a result of another’s negligence.
Wrongful death claims are filed by family members of the deceased. These claims often follow accidents like the following:
Wrongful death claims do not apply any time someone suffers an untimely death; they can only be applied in certain cases. Wrongful death claims are applied in situations where someone’s actions lead to the death of another, whether or not these actions were intentional.
Survivors of the deceased are allowed to file these claims as a way to seek justice after a wrongful death has occurred.
There are several recoverable damages that one can obtain on behalf of their deceased family member. They include:
While our wrongful death law firm in Long Beach understands that a variety of people can be negatively affected by a loved one’s death, only certain family members are permitted to file wrongful death claims.
In all states, immediate family members, such as brothers, sisters, mothers, and fathers, are allowed to file a wrongful death lawsuit. If the deceased was married, their spouse is eligible to file a claim. In domestic partnerships were the couple is not married, the partner can file a wrongful death claim if their partner has passed away.
Most states will also let distant family members like grandparents, aunts, and uncles file a wrongful death lawsuit if the person who passed away was single and had no other next of kin.
In most states, family members have two or three years to file a lawsuit. In most situations, the clock on the statute of limitations begins from the date of the deceased’s death.
While you need time to grieve your loved one’s passing, you should keep the statute of limitations in mind when filing a wrongful death lawsuit.
It should also be noted that wrongful death lawsuits can be filed in cases where the defendant intentionally caused the death of the victim. Whether it was involuntary manslaughter or full-on premeditated murder, you can file a wrongful death lawsuit. Wrongful death lawsuits are civil cases, meaning they will be held separately from any murder trials. It’s possible that someone who is found not guilty for murder is later found liable for the wrongful death of the victim.
Contact the injury attorneys in Long Beach at Accident Lawyers Firm to get your claim started.