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What You Need to Know About Wrongful Death

Wrongful death act

No arguments are valuable enough to outweigh the fact that wrongful death case is the topmost damaging event anyone may encounter. An out-of-court settlement would never be sufficient for most victims’ families and so they are eager to pursue it in court giving their loved ones an ultimate justice supported by the law and in form of a successful wrongful death claim in Los Angeles. But before such triumphant stage and if you would like to file for the same classification of lawsuit as well, you should acknowledge that only an exceptional California wrongful death lawyer can help you in best ways possible regarding your concern.

By having a skillful legal counsel by your side, you would receive a professional assistance for a Los Angeles personal injury lawsuit you are about to file in court. From the very beginning or the pre-filing stage up to the last, this specialized lawyer would fulfill his duty as your chosen and, therefore, your hired legal counsel all throughout the necessary legal proceedings until it undergone every phase of the court’s requirements. Meanwhile, there are plenty of facts that you should be aware of before dealing with such complicated situation. Here are some:

  • A lawsuit for a person’s wrongful death can only be brought by the victim’s parents, spouse and children. This right is supported by the California Civil Code and Code of Civil Procedure. However, it may depend upon many factors such as accomplished wills and trusts. No worries because your legal counsel can analyze your situation and determine the entities who are entitled to pursue such claim.
  • A wrongful death claim can be filed in two different lawsuits; civil and criminal complaints. You should know that a civil litigation is only applicable if the victim dies due to negligence committed by other people. Some examples of these are slip and fall incidents, pedestrian accidents and medical malpractices. While criminal complaints are those involving intentional killings. It can also be filed in court while the other claim is still on-going and would not interfere or affect each other in any aspect.
  • A death of an unborn child or fetus is not covered by the prevailing California wrongful death law. As defined by the state’s Supreme Court, in a wrongful death claim, a fetus is not considered as a person not unless there has been a live birth. So, if ever you are aiming to get a compensation for the death of your unborn family member, you should know that, in this present time, your planned action is not yet supported by state law.
  • A justifiable killing or homicide is not covered by the law. Under the California Penal Code, asserting the rights of a family member who died wrongfully, as to what their relatives claim, is prohibited. These include people who are killed while performing an unlawful activity or dealing such as a criminal act.

Aside from these important points, your legal counsel surely knows about the implementing rule of the state commonly known as the “one action rule” with regards to filing for a qualified wrongful death lawsuit in Los Angeles. This is to promote a good facilitation for such concerns. Also, you must be aware that there are three (3) existing statute of limitations for wrongful death claims in the state. These are: two (2) years of time limit, three (3) years from the date and one (1) year after discovery – both under California CCP – and six (6) months of the injury in circumstances wherein it has been based on any government tort liability.

These are just some of the things you need to know if you are aiming to seek the most reasonable justice for a Los Angeles wrongful death case. Enough reasons for you to prioritize seeking the most tremendous attorney for your claim. Whether it’s a wrongful death caused by car accidents, workplace misfortunes, product liability claims or even medical practices, as long as you qualify to the abovementioned entities who can file for such lawsuit and you should not hesitate to assert the rights of your loved ones and at least relieve the most dismaying event anyone may encounter in their life. Make your efforts worth it with a reliable legal counsel from a reputable law firm who are always ready to serve you.

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