What Is Wrongful Death & Who Can Be Compensated?
If you’ve recently lost a loved one but aren’t sure if the incident qualifies as wrongful death, we’re here to help. We understand the immense difficulty, both emotional and financial, that can come with this type of loss. You can set up a free consultation with our experts at Rogers | Beltran LLP today. For more details specific to your circumstances and to find out whether you deserve compensation, schedule an appointment now. First, let’s clear up what wrongful death is and some scenarios where it might apply.
What Is Wrongful Death?
Wrongful Death occurs when a victim succumbs to injuries leading to death. This happens either because of an intentional act or negligence of another party. Someone close to the deceased may then be able to file a wrongful death claim. Essentially, a wrongful death claim means you would like to sue a person or company for committing an action that caused the death. You would be seeking compensation for funeral and burial expenses, medical bills, emotional damage, and any other related expenses through this lawsuit.
Examples of Wrongful Death
To get an idea of what may qualify for a wrongful death claim, consider situations where a person may have a case for personal injury. The difference is that instead of injury, the action resulted in death.
- Medical malpractice
- Car accident fatalities due to negligence, mechanical problems, etc.
- Motorcycle accidents
- Bicycle accidents
- Pedestrian accidents
- Defective products
- Nursing home neglect
- Workplace accidents
Who Can Sue for Wrongful Death?
Once you understand what wrongful death is, the next step is determining who can file a claim. If you have a close relationship with the deceased and have suffered financial hardship, there is a good chance you are eligible to file a claim. Some examples include siblings, parents, grandparents, spouses or life partners, children or financial dependents, and sometimes unrelated individuals if they can prove they have suffered financially.
Who Can Be Sued for Wrongful Death?
Individuals or companies who are responsible in some way for the action that caused the death may be sued. Some examples would include the driver of a vehicle or the company that vehicle represents, an agency that failed to provide proper safety warnings, manufacturers, distributors, installers, and builders. However, there are exemptions, so it’s always best to consult with a lawyer before deciding to file a lawsuit.
What is the Deadline to File?
Finally, if you plan to file a wrongful death claim, it’s essential that you understand the deadlines associated with bringing a case. For example, according to California laws, claims against a public entity must generally be presented within 6 months of the incident. Other types of cases have shorter deadlines as well. If you miss the deadline, your case may be lost. It is imperative that you consult with an attorney about the deadlines that apply to your specific case.
Rogers | Beltran LLP
Contact Rogers | Beltran LLP to set up a free consultation with our team and find out whether you may be due compensation. We can explain more about what wrongful death is and the process for obtaining justice in your case.
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