Whittier Wrongful Death Attorneys
The death of a family member is devastating emotionally and, in some cases, financially as well. When a death is caused by the negligence or carelessness of another person, by a company, by a governmental division or by a defective product, California law can give the family some relief through what is called a wrongful death claim. The Whittier wrongful death attorneys at the law firm of Moss & Hovden believe that everyone should have at least a basic understanding of California wrongful death claims.
A California wrongful death claim is civil, meaning that it is designed to provide financial compensation to the family members of the victim. This is different from a criminal case, which is designed to impose jail or other penalties on the person responsible for the death. A civil wrongful death claim can be brought regardless of whether a criminal case has been brought and regardless of the outcome of any criminal case.
A California wrongful death claim may be made under the same legal theories used in personal injury cases. Claims will be recognized for deaths arising out of not only an intentional killing but also for traffic accidents, medical malpractice and incidents caused by real estate defects. Additionally, wrongful death claims may be brought if the death was caused by a defect of a manufactured product, medicine or food. California also recognizes claims based on suicide under certain conditions. And, in the case of traffic accidents, there may a claim even where the careless driver was uninsured.
This is not intended to be a complete list of the types of situations that can be the basis for a wrongful death claim. If you believe a family member has suffered death by way of a wrongful act, you should consult with the Whittier wrongful death attorneys at the law firm of Moss & Hovden to determine whether your situation entitles you to bring a claim.
A California wrongful death claim may be brought by specific people designated by statute. Those individuals include the deceased person’s spouse, domestic partner and children. Under certain circumstances, other persons may be entitled to bring a claim, including the deceased person’s parents, siblings, stepchildren and others. Again, you should seek the advice of the Whittier wrongful death attorneys at the law firm of Moss & Hovden to determine if you are entitled to bring such a claim.
Those who are authorized to bring a wrongful death claim can be compensated not only for funeral expenses and medical bills but also for lost income of the deceased person. They are also entitled to recover for loss of love, community, affection and other losses.
As with nearly every other type of claim, California wrongful death claims are subject to a time limit known as a statute of limitations. If a wrongful death suit is not formally brought by that deadline, the claim will probably be lost forever. The statute of limitations for wrongful death claims in California is two years from the date of death. If you believe you might be entitled to bring a claim, you should consult with one of the Whittier wrongful death attorneys at Moss & Hovden as soon as possible to make sure that your case won’t be barred by the statute of limitations.
Contact Our Whittier Wrongful Death Attorneys
Wrongful death claims are complicated. Trying to resolve a claim on your own without the help of competent legal counsel may not only result in you receiving less than fair compensation but may also harm your case. Insurance companies, corporations and government divisions have lawyers and investigators working for them to try to resolve the claim in their favor. You should have experts on your side as well. The Whittier wrongful death attorneys at Moss & Hovden are highly qualified and very experienced with these types of cases. We believe it is in your best interest to consult with us before moving ahead with any wrongful death claim you may have.