When you unexpectedly lose a loved one, the loss you feel is enormous. On top of the pain and suffering you experience, there are often more tangible damages, such as the loss of your loved one’s income or their help with child-rearing. While no amount of financial compensation will alleviate the grief you endure, when your loved one’s death was caused by the negligence of another, you may be entitled to compensation.
At Pathway Law Firm, PC, we are proud of our reputation as trial attorneys who offer our clients a sympathetic ear combined with zealous representation. We will fight for the recovery you deserve.
Who Can Recover For Wrongful Death?
A death is considered “wrongful” when it is caused by the negligence of another. A useful way to determine if a cause of action for wrongful death is appropriate is to consider whether or not the person who died would have had a personal injury claim if they had lived. If the answer to that question is in the affirmative, then the surviving family members have a wrongful death claim.
Persons that are entitled to bring suit for wrongful death include the surviving spouse, children under a certain age, surviving parents, siblings, and other dependents and heirs. There are specifications that apply to wrongful death lawsuits, so to determine your eligibility to bring a claim, you should speak with a California wrongful death attorney.
What Are Common Causes of Wrongful Death?
Any accident that results in a fatality can be considered as wrongful death. For example, if a loved one died in a car accident on Interstate 5 because he or she was cut off by another driver, you may have a claim for a wrongful death lawsuit. Other common types of accidents resulting in wrongful death include truck, third-party work, motorcycle, construction, and pedestrian accidents.
What Damages Can Be Recovered in a Wrongful Death Case?
As the surviving family member of a wrongful death victim, you may be entitled to receive compensation for both financial and non-financial losses, including:
- Funeral and Burial Costs
- Loss of Companionship and Guidance
- Medical Bills (for the time between when the accident occurred and death)
- Loss of Potential Retirement Income
- Loss of Future Earnings
- Loss of Potential Inheritance
- Mental Anguish
- Value of Household Service
How Long Do I Have To File A Wrongful Death Suit?
It is understandable that the last thing on a surviving family member’s mind is filing a lawsuit. However, there is a two-year statute of limitations on filing suit for wrongful death, which means a wrongful death lawsuit must be brought within two years after the accident that caused the death. If the suit is not filed within the two-year time frame, the survivors may be forever barred from bringing the suit.
Contact the Wrongful Death Attorneys at Pathway Law Firm Today
If your loved one’s death was caused by the negligence of another, contact Pathway Law Firm, PC, today. We understand the pain and suffering caused by your loss and provide the assertive representation you need to recover the compensation you deserve. Your consultation is free – call today to learn about your legal options.