Huntington Park Wrongful Death Lawyers
The worst has already happened. You lost a beloved family member, and nothing can bring this person back. If your loved one lost his or her life due to another person or entity’s reckless or negligent actions, or malicious intent, you might receive financial compensation for your loss.
The Huntington Park personal injury lawyers at Ellis Injury Law protect your rights while holding those responsible for your loved one’s death liable. While most cases are settled, we do not hesitate to go to trial. Our dedicated attorneys have recovered over $350 million in verdicts and settlements for clients.
Wrongful death
Wrongful death covers a wide range, but the most common types of wrongful death lawsuits involve:
- Motor vehicle accidents
- Falls
- Drowning
- Firearms
- Fires
Under some circumstances, suicides may fall under wrongful death. If the person was killed because of malicious intent, and the perpetrator was charged with manslaughter or homicide, that is dealt with in criminal court. A wrongful death lawsuit against the perpetrator is filed in civil court. A Huntington Park wrongful death lawyer will attend criminal hearings with clients to ensure the prosecutor is doing the right thing.
Who can file a wrongful death lawsuit
In many states, wrongful death lawsuits are filed by the personal representative of the estate, but that is not the way it works in California. Under state law, wrongful death lawsuits are filed by family members, in the following order:
- Spouse
- Domestic partner
- Children
If the deceased did not have these surviving family members, then California’s rules of intestate succession apply, with parents and then siblings permitted to file a wrongful death lawsuit.
Statute of limitations
Wrongful death lawsuits in California require filing within two years of the death date. There are some exceptions, such as when family members do not know the cause of the loved one’s death and later discover it was due to negligence or recklessness by another party. In such circumstances, the statute of limitations is two years from the date the discovery of the cause of death was made.
However, if a public entity is involved in the wrongful death claim, the statute of limitations is much shorter, so seek legal counsel as soon as possible.
Wrongful death damages
Compensation, or damages, in a wrongful death case may include:
- Funeral and burial costs
- Lost future earnings
- Loss of services
- Intangible support loss
A wrongful death lawyer can help calculate the damages sought, such as future lost earnings, by taking into account various factors, including the late person’s age, education, skills, the potential for promotion, retirement accounts and other benefits he or she would have received, and more.
Contact Huntington Park wrongful death lawyers
If your loved one died due to an injury caused by another party, you need the services of an experienced Huntington Park personal injury attorney at Ellis Injury Law. Call us 24/7 or contact us online to schedule a free consultation. We can help you during this difficult time and keep you apprised of your case every step of the way. There is never a fee unless we win and consultations are always free.