According to California's wrongful death laws, certain family members of a decedent will be eligible to file a claim against the person or entity responsible for causing their loved one's death. These parties may include surviving spouses, children, domestic partners, and family members who were dependent on the decedent for a certain amount of time prior to their death. A San Jose wrongful death lawyer from the Law Offices of Caroline J. Nasseri can personally review your case to determine if you are eligible to file a claim.
Eligible parties who do file wrongful death claims will need to prove that another's negligence or wrongful act more likely than not resulted in the death of their loved one. By working with an experienced attorney, you will have a stronger chance of obtaining the evidence needed to prove another's negligence and liability. Regardless of what caused the death – whether it was a car accident, truck accident, or medical malpractice – families still have a right to pursue wrongful death claims if another can held at fault.
Aside from determining your eligibility to file a claim and the elements you need to prove, it is also essential that you understand the time limits in place. California enforces what is known as a statute of limitations for wrongful death claims. This means that eligible family members have a certain time period in which they must file a claim. In most situations, claims must be brought within two years of death. If death was caused by medical malpractice, claims must be brought within three years from the date of injury or one year after plaintiffs discover or should have discovered the injury, whichever occurs first. In cases where death was caused by government affiliates – such as car accidents with city vehicles – claims must be brought within six months.
Wrongful death claims can be complex legal proceedings. At times when families are still coping with sudden and tragic loss, these claims can be incredibly difficult experiences. You do not have to go through this experience on your own. Call Attorney Caroline J. Nasseri at (408) 912-2217 for your free case evaluation.