Moving Forward From A Wrongful Death
Nothing can make a tragic loss right. But taking legal action can give those grieving a sense of closure. Bulldog Law helps families in California seek justice for wrongful deaths.
What Is Wrongful Death?
A wrongful death is an otherwise preventable one that a person or party causes, whether knowingly or through negligence. The person or party may face criminal charges, but surviving family members can also file a wrongful death lawsuit. A wrongful death lawsuit is a civil proceeding through which they can recover compensation to offset the financial impact of their loss.
Who Can Sue For Wrongful Death?
Family members, those who could inherit from the person who passed away, and those who were financially dependent on them are entitled to file a wrongful death lawsuit in California.
Priority goes to the person’s surviving family members, like:
- Spouses or domestic partners
- Children
- Any deceased children’s children
If there are no people in this category, those who could inherit from the person who passed away and those who can prove they were financially dependent on them may file.
Statute Of Limitations For A Wrongful Death Claim In California
A statute of limitations is a law that places a limit on how long people have to file a lawsuit. In cases of wrongful death, those who are entitled to file a lawsuit have two years to do so, beginning on the date of the deceased person’s death. After two years, they can no longer seek justice or recover compensation.
Factors That Help Prove Wrongful Death
The standard of proof in wrongful death cases is lower than that of criminal cases. In order to prove a person or entity’s responsibility for a wrongful death, the plaintiff must demonstrate a preponderance of the evidence. This is a standard of proof under which it’s more likely than not that the defendant caused someone’s death.
Specific evidence varies depending on if the death was intentional or the result of negligence. Most wrongful deaths result from negligent acts, like a driver not paying attention, running a red light, and hitting and killing the victim. In this instance, red light cameras, dashcams, or other camera footage would serve as evidence.
In addition to evidence, plaintiffs must demonstrate that they incurred damages from the death. Damages can be economic, like losing that person’s income, or noneconomic, like pain and suffering.
Take The First Step Today
It can be hard to imagine taking legal action in the midst of grief. But all you have to do is reach out. Bulldog Law will take the lead the rest of the way. Schedule a free consultation by calling 888-983-1217 or messaging us online to get started.