Have you lost a loved one recently as a result of an accident, potentially caused by someone else? If so, you may be eligible to file a lawsuit against the person whose negligent actions took your loved one away.
Start by talking to an attorney. If you have no attorney on speed dial and are unsure who to call, be sure to get in touch with our San Diego Wrongful Death Attorneys today. Give us a call, and we will offer you a free consultation and a free case evaluation.
It is important to contact an attorney, as you may find out some very important information about your case.
Here is what you have to know about wrongful death and filing a wrongful death lawsuit in California.
Who can file?
The most common question about wrongful death is: who can file a wrongful death lawsuit?
The following are eligible to file a claim:
- A surviving spouse
- Surviving children
- Guardians (in case the deceased had none of the above mentioned)
- Cousins (in case they are the closest relatives)
The ones who have te advantage over others are spouses or children. However, if the deceased never married and never had children, other heirs could come in and file a claim.
What Does Compensation Include?
Assuming that the wrongful death claim was successful, the family of the deceased may look to collect compensation for:
- The loss of companionship
- The loss of consortium
- The loss of parenthood
- The deceased’s medical bills
- The loss of benefits and health insurance
- The loss of comfort and enjoyment of life
- Pain and suffering
- Burial and funeral costs
It is important to note that almost all wrongful death cases last approximately 15 to 20 months. As a surviving family, you should save the money that you have left and not spend it recklessly.
Every state has a time limit within which you are able to file a wrongful death claim. In California, you have 2 years since the moment of death (of your loved one) to file a wrongful death claim. Take some time to mourn and adjust to your new life, and once you are done, remember to file a claim on time.
The Importance of Having an Attorney
As someone who just lost their husband, child, partner or a parent, you will struggle with everyday problems. You will feel like your entire world is upside-down. The last thing on your mind will be the lawsuit. However, that does not mean that you should neglect it. If you do not have time to deal with it, speak with Wrongful Death Attorneys in San Diego and let them help you file a claim. While you are mourning for your loved one, our attorneys will take care of your claim. They will organize the paperwork, have you sign it and start the process right away.
Feel free to call our offices as soon as you can, and we will help you receive your compensation in a timely manner.