Civil Wrongful Death Cases in California
- If a loved one has already suffered a wrongful death due to the negligence of another in the State of California, we highly recommend that you stop reading right now, and call our law firm for a free telephone consultation at (800) 816-1529, Ext. 1. We will tell you over the telephone if we think that you have a case and whether we can help you. If we believe we can help you, and you decide to retain us, we can then send our investigator to you with all of the legal forms necessary for you to retain our law firm.
- Retaining us for your wrongful death case can all be accomplished with one phone call to our law firm. We try to make the process as simple as possible for you.
TIME LIMIT TO FILE A LAWSUIT IN A California Wrongful Death Case (California STATUTE OF LIMITATIONS)
The present Statute of Limitations for filing a lawsuit for Wrongful Death in the State of California is two (2) years from the date of the accident. If you do not file a lawsuit within two (2) years, you lose your right to sue!
If the Wrongful Death is due to Medical Malpractice you have only one (1) year to file a lawsuit.
If any of the parties to the wrongful death is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within 6 months from the date of the rejection.
You should never wait the maximum amount of time to file a wrongful death case.
WHAT IS A WRONGFUL DEATH CASE?
A wrongful death case is basically a case where a person dies due to the intentional or negligent act of another, or entity.
The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.
Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.
Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.
There are many potential scenarios which would give rise to a wrongful death lawsuit. The only way to really know if you have a wrongful death case is to give us a call for a free telephone consultation at (800) 816-1529 extension 1.
WHO CAN SUE FOR WRONGFUL DEATH
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victim’s personal representative on their behalf:
(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will);
(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. ‘Putative spouse’ means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid; and
(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor’s support.
As you can see, there are many people that may qualify to sue for wrongful death.
Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death. Give us a call for a free consultation now, or you may call us for a free telephone consultation now at (800) 816-1529, Ext. 1.
THE NECESSITY OF RETAINING COUNSEL
The above information is just a small part what you need to know when dealing with wrongful death cases.
As a firm that handles wrongful death cases, we must above all, highly recommend that you retain a lawyer to represent you in your wrongful death case.
Our purpose as a law firm is to provide you with aggressive, competent legal representation in your wrongful death case.
The word competency is not just some marketing term.
Competency means that you have the someone has the expertise and knowledge to handle something.
The Law Offices of Norman Gregory Fernandez & Associates has the level of competency necessary to get you maximum results in your case.
We have what it takes to prosecute your case.
Don’t be a fool, and try to represent yourself. Lawyers are here for a reason; because we know the system and how to navigate through it. We know what you are entitled to and how to get it either through settlement or litigation.
You may call us now for a free consultation on your case at (800) 816-1529 Ext. 1.
You have nothing to lose except the money you may be entitled to in your case!