Can I Sue for Wrongful Death?

here is nothing more personally and emotionally devastating than the loss of a loved one in a fatal accident that could have been prevented.

When someone dies due to the fault of another person the survivors may be able to bring a wrongful death lawsuit seeking compensation for the survivors’ loss, including lost wages from the deceased, lost companionship and funeral expenses.

The laws for wrongful death were created to make up for the personal loss family members have experienced, and to provide financial support to them. There’s another purpose – to encourage people to exercise more caution with their actions to prevent injuries and death.

Typically, only close family members can sue for wrongful death – the spouse, children or next-of-kin (including parents if the deceased wasn’t married).

In addition, wrongful death lawsuits can be brought against a variety of persons, companies, government agencies, and employees. For example: In a car accident involving a faulty road and a drunk driver, a wrongful death lawsuit might include defendants such as:

  • The driver at fault
  • The designer or builder of the road
  • A government agent who failed to provide adequate warning signs on the road
  • The manufacturer of a dangerous vehicle part
  • The persons who sold or served the impaired driver

While nothing can bring your family member back, California law allows you to seek compensation for your losses, including:

  • Financial support the deceased person provided
  • Medical expenses incurred prior to death
  • Services performed by the deceased person
  • Emotional damages from your loss
  • Funeral expenses

According to California Code of Civil Procedure Section 335.1,“An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another must be filed within two years of the incident”. Once the statutory time has passed, you lose your right to file a lawsuit for damages or other relief.

If your loved one died in an accident caused by someone else’s negligence, you may be entitled to compensation.

Consult with an experienced personal injury attorney at the law offices of Welebir Law. Our dedicated advocates can aggressively negotiate the best possible recovery to help you and get back on your feet.


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