Losing a loved one suddenly is always devastating, regardless of the circumstances. When the death has been caused by an accident or other preventable circumstances, it can become even more difficult to accept. Under California law – as applies in San Diego – immediate family members of a person who has died due to the neglect or deliberate wrongdoing of another may be entitled to file for wrongful death compensation. To find out whether you qualify to bring a wrongful death lawsuit, and how to proceed if you are eligible, you need the expert legal guidance and support offered by an experienced attorney.
Generally, a wrongful death lawsuit can be filed by anyone who would be entitled to inherit from the deceased’s estate, in the absence of a current or valid will. The personal representative of the estate will usually also be eligible. The following list is not exhaustive, but is intended to provide a brief overview for information purposes only:
Spouse of the deceased
The domestic partner of the deceased, with this relationship applicable only if registered appropriately
Any living children of the deceased
Where no surviving children exist, grandchildren may be entitled to file
In the absence of surviving children or grandchildren, the deceased’s siblings may become eligible to claim wrongful death compensation
Any dependent stepchildren
Any surviving, and dependent, parents of the deceased
Any other living relative who would have received an inheritance
As the law relating to wrongful death claims is complex, you should consult a skilled San Diego attorney immediately to discuss your potential eligibility, and ensure any lawsuit is filed within the prescribed statute of limitations.
Before filing for wrongful death compensation, you should be aware that a strict legal time limit of two years applies. This means that, once this period has ended, you will no longer be entitled to bring a wrongful death lawsuit. You should also note that, where your deceased loved one’s death was caused by medical malpractice, the statute of limitations changes to one year from the date when the medical malpractice was discovered.
Aside from medical malpractice, a San Diego attorney could help you file for wrongful death compensation for:
A fatal accident of almost any kind, excluding work-related accidents
Fatal injuries caused by unsafe or dangerous premises
Defective or unsafe products, of any kind
As there are countless potential causes of wrongful death, it is strongly recommended that you speak to an experienced San Diego attorney as soon as possible, to discuss the details of your relative’s fatal accident.
When you work with a San Diego wrongful death attorney from Edward J Babbitt APC & Associates, you can be confident that your case is in expert hands. Your lawyer will pledge to work tirelessly on your behalf, ensuring you receive the maximum possible amount of compensation. Additionally, you will not pay us any legal fees until we have successfully recovered these damages.
To schedule your free initial consultation with a San Diego wrongful death attorney, call us today.