Filing a Banning Wrongful Death Action
California statutes allow the surviving family or the estate representative to file a lawsuit when an individual or business’s negligence causes someone to sustain fatal injuries. They can result from accidents caused by negligence, such as vehicle collisions, or dangerous and defective medications.
While you may be eligible to file a wrongful death claim, understanding the rules and regulations is vital to successfully collecting compensation from the responsible party. Adhering to the state laws is crucial for reaching a just outcome and holding the negligent party accountable. Call a seasoned lawyer at Walter Clark Legal Group for more information about filing a Banning wrongful death action.
How a Wrongful Death Attorney Could Help
A skilled wrongful death lawyer understands how overwhelming the legal process can be for families after losing a loved one because of negligence. They could help navigate this challenging process by providing:
- Legal guidance, including explaining the legal rights and evaluating the case to determine if there is cause for legal action
- A thorough investigation to gather evidence, review documents, and speak to witnesses and experts
- Determination of the responsible parties by carefully analyzing the facts and circumstances surrounding the accident
- Helping to calculate the value of the claim, including assessing financial losses, including future wages of the deceased
- Negotiation with the defense to reach an appropriate settlement amount
- Representing the family at trial if they cannot reach an acceptable settlement amount in mediation
A compassionate Banning attorney could also offer the family emotional support when filing a wrongful death lawsuit and advocate for a fair outcome.
Eligibility for Filling a Wrongful Death Suit
Knowing the rules of the statute is essential for recovering compensation, as the court may dismiss cases without hearing them when they fail to comply with the laws. Per California Code of Civil Procedure § 377.60, the following people may commence legal action in Banning wrongful death claims:
- The spouse or domestic partner typically has priority to file the claim
- Children, including biological and adopted children, can bring a suit against the party at fault for the accident
- Dependent non-biological or adopted children, such as stepchildren
- Parents of the deceased person, if they have no surviving spouse, domestic partner or children, to commence legal action
- Siblings of the deceased individual can pursue legal action if the deceased has no living spouse, domestic partner, children, or parents
The parties seeking monetary damages from the negligent party may file the suit jointly, or an estate representative may handle the case on behalf of the estate.
Time Limit for Filing the Lawsuit
The time limit for filing most wrongful death claims is two years from the date of the accident leading to death. Filing the case after the statute expires could mean losing eligibility to hold the liable party responsible for their thoughtless actions and collect compensation. While there are a few exceptions to the rule, preparing and filing the case promptly is usually best for the surviving family members.
One example of an exception to the expiration date is the discovery rule, which involves cases where the cause of death is unknown in the immediate aftermath. An example would be medical malpractice, where the family is not aware the deceased suffered harm during a medical procedure. A qualified lawyer knowledgeable about the guidelines for filing a wrongful death action in Banning could ensure compliance with the law and handle the legal work on the family’s behalf.
Contact a Banning Attorney for Help With Filing a Wrongful Death Action
Wrongful deaths can happen for many reasons, including car crashes caused by reckless drivers, medical malpractice, or dangerous and defective products. You have the right to initiate legal action and seek damages from the at-fault party if their negligence, recklessness, or intentional actions caused the sudden and untimely death of your family member.
When you need help filing a Banning wrongful death action, reach out to the experienced legal professionals at Walter Clark Legal Group. Our dedicated team could guide you through the legal procedures and help you fight for a fair outcome. Call today to schedule an appointment and learn more about your legal rights.
