Overview
A wrongful death is when one person dies because of the wrong-doing of another individual. The underlying cause may be intentional, such as the shooting or stabbing of a person, or may be caused by negligence, such as a car accident or bus accident.
Medical malpractice, dangerous products, and dogs can also be the cause of a wrongful death.
Legal Options
If someone you care about has been killed as the result of a wrongful death, you may have legal options. If there is an estate open, the executor of the estate can file a wrongful death lawsuit. However, if there is no estate, you may still be able to file a lawsuit if you qualify as the decedent’s heir or dependent.
There may also be several defendants involved in a wrongful death lawsuit. For example, in an auto accident, your attorney may sue the driver of the other car, the hospital that treated the victim and the manufacturer of one or both of the vehicles.
Statute of Limitations
California has a statute of limitations which limits your ability to recover for bodily injury. For a wrongful death, your time to make a claim is limited to only two years. If there is a claim against the government, that time is shortened to only six months.
Hiring an Attorney
When handling a wrongful death case it is imperative that you contact an attorney. Wrongful death cases are far more complicated than normal personal injury cases. You may need the body of your loved one autopsied, you will need to review medical records, police reports, and interview witnesses. Finally, you must prove that the conduct of the defendants was the legal and proximate cause of your loved one’s death.
Free Consultation
To speak with a Woodland Hills Wrongful Death Attorney for a FREE consultation contact our office at 818-334-5711.
Wrongful Death Articles
Jury Awards $21.3 Million in Auto Negligence Case Over Traumatic Brain Injury from Catastrophic Rear-End Collision
A Los Angeles County jury awarded $21.3 million to Leila Miyamoto-Workman, who sustained severe injuries, including a traumatic brain injury and spinal injuries, after her vehicle was rear-ended by an 18-wheeler truck driven by Daniel [...]
Starbucks Ordered to Pay $50 Million to Burn Victim
A jury has ruled in favor of Starbucks in a lawsuit brought by a delivery driver who claimed severe burns from a spilled cup of hot coffee. The case, reminiscent of the infamous McDonald's hot [...]
What’s the Difference Between Personal Injury and Workers’ Comp?
If you’re injured while on the job, two very different paths are available to you for getting compensation for your injuries: A personal injury lawsuit, or a workers’ compensation claim. Choosing which one to pursue [...]
Don’t Sabotage Your Personal Injury Case at the ER
Documenting your injuries early, and getting treatment as soon as possible, is crucial for getting the most favorable treatment from auto insurers. But while getting medical treatment is important, it’s also critical to avoid any [...]
A Car Malfunction Caused My Accident. What Are My Options?
It’s normal to try and blame a driver for a car crash. Whether it’s texting, drunk driving, lack of sleep, or simple lack of attention, thousands of crashes every day are caused by drivers who [...]
What is the California Civil Litigation Process?
Basics The civil litigation process is complicated. There are state wide rules of procedure, local rules of procedure, and local local rules of procedure (specific to courthouses and departments). Before you embark on the civil [...]
Understanding Medical Imaging Exams
Why do People Need Medical Imaging Exams? After an accident it is important to visit a medical provider immediately if you feel that you are hurt. The longer the gap in treatment, the harder it will be [...]
Can You Make a Personal Injury Claim Without a License?
You Must Have Insurance Many people are surprised to find out what happens when they are involved in an auto accident without having a proper driver’s license. Intuitively one would think that you would not [...]
