Lake Hughes Wrongful Death Lawyers
The loss of a beloved family member is one of the worst things that can happen in life. Your life and that of your family will never be the same. When your loved one’s death occurred because of another party’s actions or inactions, the loss is even greater, because it did not have to happen. You need someone on your side who can hold those responsible for your loved one’s death liable.
No one can bring your loved one back, but the personal injury lawyers at Ellis Injury Law can help you receive financial compensation for the loss of your family member. In the past 25 years, our dedicated attorneys have recovered more than $350 million in settlements and verdicts for the many clients we’ve worked with.
Common wrongful death causes
While wrongful deaths may result from a multitude of causes, the most common include:
- Motor vehicle accidents
- Manslaughter or homicide
Crime and wrongful death
If your loved one’s death resulted from a criminal act and the perpetrator is caught, the person is charged and tried in criminal court. If found guilty, the person is subject to incarceration and fines, but the latter goes to the government. The family of the victim must file a civil lawsuit in order to receive compensation, which can occur even if the defendant was found not guilty in the criminal trial.
Wrongful death statute of limitations
California’s wrongful death statute of limitations requires the filing of a lawsuit within two years of the death date. There is an exception if the family did not realize their loved one’s demise was a wrongful death, and discover it after the fact. Under this discovery rule, a wrongful death lawsuit requires filing within two years of ascertainment of the death cause.
If the party involved in the wrongful death is a public entity, the time in which to file a wrongful death claim is more limited. For example, if your loved one was killed by a Los Angeles Metro bus, the statute of limitations for filing a claim is just six months from the death date. It is best to contact one of our lawyers sooner than later as they can help you figure out how much time you have.
Who can file a wrongful death lawsuit
In many states, the personal representative, or executor, of the estate is the only one who can file a wrongful death lawsuit. That is not the case in California, where only family members are permitted to file such a lawsuit. Wrongful death lawsuits may be filed by the following family members:
- The spouse
- The domestic partner
- The surviving children
If the deceased was unmarried or unpartnered and did not have children, family members in California’s law of intestate succession may file a lawsuit. These include surviving parents, and if both parents are dead, any siblings.
In some cases, a personal injury lawsuit may have already been filed when the individual dies. Should this happen, a wrongful death lawyer may refile the personal injury lawsuit as a wrongful death lawsuit.
Contact a Lake Hughes wrongful death lawyer
If you lost your loved one because of another party’s reckless or negligent actions, you need the services of an experienced personal injury attorney at Ellis Injury Law. Call us today or contact us online to arrange a free consultation. There is no fee unless we win.