Monday, April 15, 2013

About Wrongful Death: Existing California Laws

 Personal Injury in los angeles, CA
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Most forms of personal injury results to the injury of a person involved in an accident. However, there’s one form of personal injury that ultimately results in the person’s death. This is what we call wrongful death. Just like any form of personal injury, this stems from the liable party’s negligence or misconduct.

Basically, the defendant or the liable party in a wrongful death accident could either be an individual or an entity. More importantly, the surviving members of the deceased person, or any qualified person not-blood-related to the person, can file a wrongful death lawsuit against the liable party.

Wrongful death lawsuits often stem from the most common personal injury accidents, including but not limited to the following:
  • Vehicle accidents (e.g. cars, motorcycles, trucks, buses, or motorcycle accidents)
  • Pedestrian accidents;
  • Dog bites and other animal attacks;
  • Product liability caused by defective goods; and
  • Medical malpractice.

Moreover, every state has its own wrongful death laws, including the State of California. Here, such claim can be filed against the liable party by any of the following eligible persons:
  • The decedent’s spouse;
  • The decedent’s children, stepchildren, or grandchildren;
  • The decedent’s parents, especially if they were dependent on him before the decedent died; or
  • Any qualified person who oversees the decedent’s estate; especially if the deceased doesn’t have children or grandchildren.

Like every state in the U.S., the State of California has its own statutes of limitations with regard to filing wrongful death cases. If the death of your loved one stemmed from a motor vehicle accident, slip and fall, or any other form of personal injury, you and your surviving members may file a wrongful death lawsuit within two years from the date of the decedent’s death.

Meanwhile, if it is caused by medical malpractice, you have three years from the date of the injury, or, if it is determined weeks or months after the decedent died, one year from the date of discovery. Also, if the death of your loved one was caused by a defective product, you have two years to file for wrongful death.

Indeed, taking on such a high-profile lawsuit can be very difficult. Apart from dealing with the legal battle to get compensated for the damages you and your family incurred, you’d also have to mourn for the sudden demise of your loved one. In this regard, it is important that you seek the expertise of any Los Angeles personal injury lawyers who can help represent you.


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