Eureka Wrongful Death FAQ
I’m Ed Smith, a Eureka wrongful death lawyer. People almost never expect a fatal accident and suddenly losing someone that you love can be emotionally devastating. Because people usually don’t expect these things to happen, many are left confused about what they can do when a fatal accident affects their family. In addition to feeling intense emotional pain, families are often left in a stressful financial situation after being saddled with hospital bills or losing an income-earner in the household. While the mourning process is difficult and can take a long time to resolve, recovering financially is more concrete and is possible through wrongful death claims.
What is a Wrongful Death Claim?
A wrongful death claim is a type of personal injury civil case. Through wrongful death claims, the families and dependents of people killed in accidents are able to claim payment for their losses from parties whose negligence caused the fatal incident. Negligent parties in a case of wrongful death can include a variety of entities such as reckless drivers, product manufacturers, hospitals, and more. The goal of these claims is to provide those who’ve lost someone they love with recompense for emotional and financial damages.
What Kinds of Accidents Cause Wrongful Deaths?
Some of the common types of accidents that result in a viable wrongful death case include the following:
- Car Accidents – Collisions are a major cause of wrongful death. Negligence in the case of a car accident can sometimes be complicated, and more than one party may be at fault. Examples of negligence while driving include speeding, leaving an accident scene, ignoring traffic signals, texting while at the wheel, and more.
- Medical Malpractice – Although the term might sound dramatic, medical malpractice is all too common. People are often fatally injured by errors made by negligent medical professionals such as misdiagnoses, pharmaceutical issues, and mistakes made by staff at a hospital.
- Products Liability – these cases involve an unsafe product that causes fatal injuries. Examples of faulty products include failing vehicle brakes, contaminated surgical blankets, weak car roofs, and more. In these cases, the manufacturers, sellers, and retailers of the dangerous products may all be liable.
- Premises Liability – when danger in a public or private space causes a fatal accident, the party or parties responsible for maintaining the premises may be liable to pay for damages.
Who Can Claim Wrongful Death Damages?
Parties that are able to receive recompenses for a wrongful death claim include those who relied on the decedent emotionally or financially. Some examples are below:
- Stepchildren who are financially dependent
- Parents who are financially dependent
- Minors that lived with the decedent
- Registered partners and spouses
How are Wrongful Death Payments Awarded?
In some states, payments will be given to all parties individually. However, in California, wrongful death payments are usually given out in a single amount. When multiple parties have a disagreement about how the sum should be divided, it is sometimes necessary for courts to intervene and distribute the money justly.
How Long Do I Have To File a Claim?
According to California law, the statute of limitations on wrongful death claims is two years after the incident date. Cases that are filed following this time-limit will not be heard by courts. In certain cases, the time limit is even more strict. For instance, claims involving government entities have to be filed within 180 days (six months) of the fatal incident.
Watch YouTube Video: What is a Wrongful Death Claim? Video by Eureka Wrongful Death Lawyer, Ed Smith – Wrongful Death Claims
Eureka Wrongful Death Lawyers
I’m Ed Smith, a Eureka wrongful death lawyer. When car accidents happen, the results are often severe. If your loved one was killed in a collision, call me for free, friendly advice. You can reach me at (707) 564-1900 or (800) 404-5400. You can also reach me online at my website.
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