While you grieve the loss of your loved one, you might also have anger and resentment if you believe their death was preventable. If your loved one was the breadwinner in your family, their death could leave you in financial hardship.
Of course, all the money in the world could never replace your loved one. However, getting compensation from those liable for your loved one’s death could be vital to securing your financial future and giving you some measure of closure.
To accurately determine who is liable for your loved one’s death and hold them accountable, reach out to a Long Beach wrongful death lawyer from Ben Crump, PLLC. Call (800) 593-3443 today to schedule a free consultation with a team member.
Wrongful Death in Long Beach
Before taking legal action, it is necessary to first understand your rights under the law. Wrongful death happens when the reckless, intentionally unlawful, or negligent actions of a person or party result in another’s death. Surviving family members in Long Beach have the right to bring a wrongful death case and recover damages under California Code of Civil Procedure (CCP) § 377.60. Take note that filing a wrongful death lawsuit is a civil action and independent of criminal proceedings.
You may have a wrongful death case if your loved one died because of the following:
- Car accident
- Pedestrian accident
- Medical malpractice
- Dog bite
- Slip and fall
- Elder or child abuse
There are many other situations where wrongful death negligence could become grounds for a valid wrongful death action. Consider speaking to a Long Beach wrongful death lawyer as soon as possible who can determine if you have a case.
For a free legal consultation with a wrongful death lawyer serving Long Beach, call (800) 593-3443
Who Can Sue for Wrongful Death in Long Beach, California
Generally, close family members are among the primary parties who can file a suit. As per the law, eligible people include the spouse, children, and domestic partner of the deceased. Other people who may bring a lawsuit are the deceased person’s parents, grandchildren, siblings, and other family members. Essentially, these should be people who depended on the deceased for financial support or possess a financial stake in the estate left behind.
Aside from close family members, those whom the deceased had been supporting may also have the right to file a lawsuit if they can present sufficient proof of this fact. Some examples include evidence of alimony or child support the deceased had been paying. Based on this rule, stepchildren, non-married partners, and putative family members may also be eligible to sue for wrongful death.
Bear in mind that a wrongful death lawsuit and a will are two different legal matters but may have financial implications that can affect each other. A Long Beach wrongful death lawyer can tell you more about your right to bring a lawsuit, along with other legal matters that may affect your case.
Long Beach Wrongful Death Lawyer Near Me (800) 593-3443
Filing a Wrongful Death Lawsuit in Long Beach
As you build your lawsuit, there are legal rules and requirements you need to be aware of. You might be able to benefit from the guidance and assistance of a legal professional who can make sure you file a valid lawsuit. A wrongful death suit is similar to a personal injury one, except you file it on behalf of your loved one who suffered fatal injuries. This means you need to prove the defendant’s negligent or wrongful actions led to the death of your family member, in addition to proving the extent of the resulting damages. You must bring a case before the legal deadline expires.
Wrongful Death Statute of Limitations
In Long Beach and throughout California, you have to file your lawsuit within two years of your loved one’s death or risk losing your legal right to do so. However, there are circumstances when the statute of limitations does not start on the date of death.
Sometimes, the cause of death is not immediately apparent. For example, this could be the case if a person dies before an investigation regarding the cause of death has been completed. If the decedent’s survivors find out that a medical professional is liable for the person’s death, the statute of limitations will begin only on the date they discovered they have grounds for a wrongful death action. This discovery rule gives plaintiffs a chance to pursue compensation even if they realize that another party is liable for their loved one’s death at a much later date.
Other exemptions also exist, such as when the claimant is a minor or the case involves a product liability claim. A Long Beach wrongful death lawyer can explain the statute of limitations in detail and counsel you on the best way forward. Regardless of whether you think an extension applies to your case or have time to prepare, it would be wise not to wait before securing legal representation. You do not want to compromise your legal action by taking too long to comply with legal requirements. Contact Ben Crump Law, PLLC, today to inquire about your free case evaluation.
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How an Attorney Can Help You Pursue Your Wrongful Death Case
Before anything else, you must first ascertain whether you possess the legal ability to bring a lawsuit. A Long Beach wrongful death lawyer can thoroughly investigate your case and tell you whether you are eligible to sue liable parties. Related laws can be complicated, so you might need the help of someone familiar with the legal code.
Additionally, your attorney can help identify negligent parties and gather evidence to establish liability. Presenting a valid and convincing argument will increase the chances you receive just compensation that can cover your past, present, and future damages, like medical costs, pain and suffering, funeral and burial expenses, loss of financial support, and loss of love.
Talk to Us About Your Situation Today
Bringing legal action can be a challenging task during this trying time. Ben Crump Law, PLLC, provides legal support and representation to help make the process easier. A compassionate Long Beach wrongful death lawyer can handle legal matters on your behalf while you grieve your loss. Our lawyers will negotiate with the liable party to reach an appropriate settlement. If necessary, they will also file all the paperwork and gather the evidence needed to start your case. Call (800) 593-3443 now to schedule your free consultation.