When a victim is hurt by negligence or wrongdoing, the injured person can pursue a claim for compensation from those responsible for harming them. However, if a victim dies from their injuries, they obviously can’t seek payment for losses. This doesn’t mean those who cause fatal damage can avoid consequences, though. Surviving loved ones of the deceased victim can often make a wrongful death claim.
Typically, a lot of money is at stake in these cases, so it’s important to have a strong advocate on your side if you want to take action to hold those who caused the death accountable.
The Carlsbad wrongful death lawyer at Miller & Steele Law Firm can help those who have lost a loved one to make the strongest possible case to get the money they deserve for your devastating loss. Give us a call at (760) 439-2210 to schedule a free consultation and find out more about your rights if a loved one has been killed as a result of someone else’s negligence or wrongdoing.
What is a Wrongful Death Claim?
A wrongful death claim is brought against a person who caused fatal harm as a result of an accident or intentional incident. These types of claims are often made in the following situations when a death occurs as a result of:
- A deadly motor vehicle accident
- A fatal slip-and-fall
- A deadly dog attack
- A defective product
- And more
Wrongful death claims can arise out of both negligence and intentional wrongdoing, as California Civil Code Section 1714 makes clear that “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
The key to these cases is that you must demonstrate that the defendant failed to fulfill their obligation to the victim and that the victim died as a direct result of this failure.
Who Is Eligible To Make a Wrongful Death Claim?
The California Code of Civil Procedure establishes the rules for who can make a wrongful death claim in section 377.60. According to the relevant law, “a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:”
- The surviving spouse or domestic partner of the deceased person (called the decedent) or someone who believed in good faith that they were the decedent’s spouse even if the marriage wasn’t really valid
- The decedent’s domestic partner, children, or their descendants
If there is no surviving spouse, children, or grandchildren, then the case can typically be brought by whomever would inherit the decedent’s property under California’s laws of intestate succession (the laws that apply when someone dies without a will).
In some cases, others who were dependent on the deceased person, such as stepchildren, children of the decedent’s spouse, can also bring a claim — especially if they received more than half of their support from the deceased person and lived in the deceased person’s house for 180 days before the death.
A Carlsbad personal injury attorney can help you determine who is qualified to make a claim after someone you care about has passed on.
Statute of Limitations for Wrongful Death Claims
When making a wrongful death claim, California Code of Civil Procedure section 335.1 says you must take action within two years of the death or your claim will be time-barred and you’ll be unable to pursue it.
Let The Carlsbad Wrongful Death Attorney At Miller & Steele Law Firm Help You
The Carlsbad wrongful death lawyers at Miller & Steele Law Firm can help if your loved one was killed and you want to pursue a wrongful death claim. Give us a call or contact us at (760) 439-2210 to learn more about the advocacy and legal support we can offer in these difficult cases.