Bakersfield Wrongful Death Lawyer
Losing a loved one is always difficult. It is even harder when that person dies because of another party’s actions or inactions. You are grieving, not sure of how you and your family will support yourselves after the loss of your beloved, and know that you will miss that person’s love and guidance for the rest of your lives. Nothing can bring back your loved one, but a Bakersfield personal injury lawyer can hold those causing his or her death responsible. The Bakersfield wrongful death lawyers at Ellis Law can help family members receive the maximum compensation they deserve for their loved one’s death.
Common causes of wrongful death
While wrongful death causes run the gamut, some of the most common causes include:
- Motor vehicle accidents
- Medical malpractice
- Construction accidents
- Defective products
- Police Brutality
If a person is murdered, a wrongful death lawsuit may be filed against the person responsible, but it is a separate civil lawsuit, not part of the criminal proceedings against the accused killer. It is possible in California to file a wrongful death lawsuit against the accused while the criminal case is proceeding.
Personal injury lawsuit becomes a wrongful death lawsuit
In some situations, a seriously injured person dies after a personal injury has already been filed. In such cases, a wrongful death lawyer will file a new lawsuit under California’s wrongful death statutes.
Statute of limitations for wrongful death lawsuit
In California, the statute of limitations for filing a wrongful death lawsuit is two years from the date of death in most circumstances. However, if the death resulted from medical malpractice, the statute of limitations is three years from the date of the injury or one year after the person should have discovered the cause of the injury through due diligence, whatever is first.
Who can file a wrongful death lawsuit
California law allows either the decedent’s survivors or the personal representative of the estate to file a wrongful death lawsuit. Survivors for this purpose include the decedent’s spouse, domestic partner or children. If the decedent did not have a spouse, domestic partner or children, then the wrongful death lawsuit may be filed by anyone who is entitled to the late person’s property by California laws of intestate succession, such as the decedent’s parents or siblings. Only one wrongful death lawsuit is permitted, so all claimants must file the suit jointly.
Wrongful death damages
Damages, or compensation, for wrongful death in California may include:
- Funeral and burial expenses
- Medical expenses relating to the cause of death
- Lost income – potential income earned if alive
Surviving family members may also receive the value of household services of the deceased, anticipated financial support loss, and loss of love, guidance, community, and moral support.
Contact a Bakersfield wrongful death lawyer
If you have lost a loved one because of the reckless or negligent actions of another party, you need the services of an experienced Los Angeles personal injury attorney at Ellis Law. Call us 24/7 or contact us online to schedule a free consultation. There is no fee unless we win.