Santa Clarita Wrongful Death Lawyer

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Dealing with the unexpected loss of your loved one can be devastating. It can be even worse when your loved one’s death was caused by someone else’s actions. California law recognizes the rights of surviving family members to seek damages when their loved ones’ deaths are caused by others. It is important to get help from an experienced Santa Clarita wrongful death lawyer if you believe that your loved one’s death was wrongful.

What is wrongful death?

The term wrongful death is used to describe incidents in which the negligent or willful acts of others cause the deaths of the victims. When people are killed because of the misconduct or negligence of others, their surviving family members are able to file wrongful death lawsuits. These lawsuits may allow the family members to hold the defendants accountable for their actions and to recover damages to cover their economic and noneconomic losses.

What qualifies for a wrongful death lawsuit?

In order to prevail in a wrongful death lawsuit, you must be able to prove all of the elements that make up the offense. These include the following elements:

• Your loved one died;
• Your loved one’s death was caused by the negligent or intentional acts of the defendant;
• There are surviving family members who suffered economic harm because of your loved one’s death; and
• A personal representative has been appointed for your loved one’s estate.

If one or more of these elements cannot be shown, you will not have the basis to file a lawsuit. You must also have a relationship with the deceased person that meets the statutory requirements. An experienced Santa Clarita wrongful death lawyer can review what happened to your loved one, explain whether the facts form the basis to file a claim and explain who should serve as the plaintiff in the action.

How frequently does wrongful death occur?

Wrongful death claims may arise in several different areas, and hundreds of thousands of people are killed every year because of the negligent or wrongful conduct of others. Wrongful death cases may include any of the following:

• Motor vehicle accidents
• Medical malpractice
• Unsafe premises
• Workplace fatalities
• Murders

According to the National Safety Council, an estimated 40,100 people died in motor vehicle accidents in 2017. A study that was reported in MD Magazine estimated that between 200,000 and 400,000 people in the U.S. die each year because of medical mistakes. In addition, tens of thousands of people are killed each year in slip-and-fall accidents and workplace accidents. Finally, the Centers for Disease Control and Prevention reports that 17,793 people were killed in homicides in 2015 in the U.S. Of all of the preventable deaths that happen each year, only a fraction result in filed wrongful death claims.

What you should do when you believe that your loved one’s death was wrongful

If you believe that your loved one’s death was caused by the intentional or negligent actions of other people or entities, you should get legal help. You are able to file a civil lawsuit against the responsible person or entity even if there are already criminal charges pending. Criminal and civil matters are filed under different bodies of law and are allowed to proceed simultaneously. It is a good idea to file a wrongful death action even if criminal charges have been filed because the burden of proof is lower in civil wrongful death lawsuits. Even if criminal charges are not filed, a civil lawsuit may still allow you to hold the defendant liable for your loved one’s death.

How soon you should contact a Santa Clarita wrongful death lawyer

If you believe that your loved one’s death was wrongful, it is important for you to consult with an experienced wrongful death lawyer in Santa Clarita as soon as possible. Under Calif. Civ. Code § 335.1, most wrongful death cases must be filed no later than two years after the date of the death. Wrongful deaths that occur because of medical malpractice must be filed within three years of the date of the injury or one year after the date that the injury was discovered or should have been discovered under Calif. Civ. Code § 340.5. If a governmental agency or a municipality is to blame, the wrongful death claim must be filed within six months of the date of the death or injury.

It is important to talk to an attorney as soon as possible after your loved one’s accident. An attorney may have more time to investigate the claim before it is filed when he or she is retained early. Contact our law firm today to schedule your consultation.

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