Fairfield Wrongful Death Lawyer
A wrongful death is defined by California law as a death that results from the negligent or careless actions of another person. Losing a loved one is never easy, but wrongful deaths are typically sudden and unexpected, making it even more difficult for family members to move on from the loss. Loved ones suffer more than just emotional loss when a wrongful death occurs. Families are also often left with many expenses such as the loss of income the deceased contributed to the household. There are also certain costs related to the death, such as funeral and burial expenses, of which family members must bear the burden. When a wrongful death occurs, surviving family members can file a claim against the negligent party to ask for compensation to help with these expenses. These claims are extremely complex. A Fairfield wrongful death lawyer can help family members claim the compensation they need.Wrongful Death Laws in California
Although family members must prove negligence in wrongful death cases, these claims are much different than other personal injury cases. One of the main differences is that only certain people are allowed to file them. California law states that only a surviving spouse, domestic partner, or child may file a wrongful death claim. When there are none of these surviving family members to file, anyone who has a claim to the deceased’s estate can file a wrongful death case.
The other difference between wrongful death claims and other personal injury cases is that there is no discovery exception when it comes to the statute of limitations. In other personal injury cases, a person may file a claim within two years of discovering his or her injury, even if that comes after the initial date of the accident. However, family members only have two years from the date of death to file a wrongful death claim.
These complexities are just a few of the differences between wrongful death claims and other personal injury cases. A wrongful death attorney in Fairfield can help loved ones through these challenges so they can secure the full amount of compensation they deserve.Survival Claims
In addition to wrongful death cases, beneficiaries of the deceased’s estate can also file a survival claim. There are differences between these two types of cases, as well.
A wrongful death claim can be filed by any of the family members that are allowed by California law. These claims seek compensation for damages the family members have suffered, such as a loss of income, emotional distress, and loss of consortium.
A survival action on the other hand, can only be filed by individuals who have a claim to the deceased’s estate. Damages in these claims include any losses the deceased sustained prior to their death. This compensation can include loss of income, medical expenses, and more, as long as the loss is related to the accident that led to the deceased’s death.
After reviewing the case, a wrongful death lawyer can determine which claim can be filed, and will help family members and beneficiaries through the process.A Fairfield Wrongful Death Lawyer can Help with Your Claim
If you have suffered the loss of a loved one that was caused by someone else’s negligence, you may be entitled to compensation. At Willoughby Brod, LLP, our wrongful death attorneys in Fairfield can help you secure it. We know how to prove liability, negotiate with the at-fault party and their attorneys, and get you the fair settlement your family deserves. Call us today at (800) 427-7020 to schedule your free consultation so we can discuss your case.