A wrongful death occurs when one’s negligence, unintentional, or intentional actions cause another person’s death. Dealing with the fallout of your loved one’s wrongful death can be life-changing. On top of dealing with the emotional and mental stress of the situation, you might be managing financial stress as well.
Your loved one died because of another’s actions, which means that if you represent the estate of the deceased or are a survivor of the deceased, you can take legal action and hold the responsible party or parties liable for expenses that the deceased left behind.
Under civil law, the heirs and close family members of the person who died can file a lawsuit against the responsible party. An Oakland wrongful death lawyer can guide you through the process of recovering compensation, which can help with expenses and other losses. If your loved one died in a wrongful death case, call the office of Ben Crump Law, PLLC, at 800-959-1444, today for a free case review.
Types of Wrongful Death
Wrongful death can happen in a variety of ways. Some examples of wrongful deaths include:
- Reckless driving: All drivers assume responsibility for their actions on the road and any problems that it caused. Someone who drives recklessly and causes a fatal accident is responsible for the damage that is done.
- Premises liability: Property owners are responsible for any injuries or deaths that happen on their properties if they do not take precautions to make the areas safe.
- Product liability: Companies that design and manufacture products are responsible for any problems that they cause. If someone dies because of a faulty product, the company that designed it or manufactured it is responsible.
- Medical malpractice: Medical malpractice happens when a medical professional causes patient injuries because of a failure to provide effective treatment based on the evidence. If the patient dies because of a medical professional’s actions, the individual could be held responsible.
There are other types of wrongful death cases that are not covered on this list. Dealing with the death of a loved one is difficult, but filing a lawsuit could help you find some closure for your loved one. If you are interested in speaking with an Oakland wrongful death lawyer about your case, contact Ben Crump Law, PLLC, today about your case. We want to hear the details of your case and encourage you to ask questions. Call us now.
For a free legal consultation with a wrongful death lawyer serving Oakland, call 800-593-3443
Criteria for Wrongful Death
A wrongful death happens when someone dies because of the neglect or actions of another person. For example, reckless driving that results in a fatal accident creates liability for a wrongful death lawsuit. To qualify as wrongful death, the responsible person must directly cause the other person’s death.
This can also include problems in the area that a person is responsible for. If someone is injured on your property because you were negligent about fixing problems or installing security measures, you could be found liable in that person’s death. If you are unsure if your loved one’s death can be classified as wrongful death, you can discuss the specifics of your case with a lawyer who might be able to advise you on your next steps.
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California’s Statute of Limitations Deadline
A statute of limitations limits the amount of time that you have to file a lawsuit. According to CCP § 335.1, you have two years from the day the person dies to file a wrongful death lawsuit in California. If you miss the deadline, a court can dismiss your case, and you will lose all rights to seek compensation.
It may be difficult to get things organized after a loved one dies, but if you’re interested in securing legal counsel so that you can file a lawsuit, you are advised to reach out to a lawyer as soon as possible. Hiring a lawyer early in the process will give the person the time needed to build a case and file it with the court before the deadline.
Common Wrongful Death Expenses
Wrongful death cases tend to have expenses that are similar to other personal injury cases. These expenses can include:
- Medical bills: Although medical treatment did not save your loved one, you may still have medical bills to pay. If your loved one’s estate did not cover the costs of those medical bills, you could be held responsible for paying them.
- Final expenses: Final expenses, such as funeral or burial costs or cremation costs, can leave you with bills that may take years to pay.
- Lost income: Losing a family member who worked to support the family can reduce the family’s earnings when that person dies. This can make it harder to maintain the standard of living the family had before.
Documenting these and other expenses you have can strengthen your case. You will need to know what your expenses were so that you can determine how much to ask for in compensation.
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There are several restrictions that you must consider to seek compensation on behalf of a loved one who died from a person’s actions. The estate or close family members of the person who died are usually the ones allowed to file a lawsuit. If this is you, you also must provide evidence of the costs of your expenses and evidence that the person you are suing is responsible. You can file claims for any expenses related to your loved one’s death as long as you can prove that they are connected. If you feel like you need help to manage this process, you do not have to do it alone. Working with an attorney can make this process easier.
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It is hard to lose a loved one and manage unfinished affairs as you grieve and put your life back together. You can explore your legal options and see what can be done to hold the responsible party liable. You might be able to recover financial awards that can cover your expenses and give you some peace of mind. An Oakland wrongful death lawyer might be able to assist you with your case.
Call Ben Crump Law, PLLC, at 800-959-1444, today for a free consultation. If we represent you, we charge no upfront fees, and we do not collect payment unless we win a settlement for you.