If you lost a loved one in Stockton owing to someone’s reckless action, you have certain legal rights and demand a settlement. Nothing in the world can replace your family member, but financial compensation can help you get over the tough times. It doesn’t make sense to deal with everything alone, especially if you don’t understand the legal process. No matter the circumstances, you have to hire a Stockton wrongful death attorney for your case, and in this post, we are discussing more about such lawsuits.
Who can file a wrongful death lawsuit?
A wrongful death lawsuit can be pursued by the surviving spouse of the deceased, domestic partner, or children. If the children are deceased, surviving grandchildren can take legal action. If the deceased was a minor, the parents can file a lawsuit. Depending on the circumstances, the representative of the deceased’s estate may also consider taking the step. If there are multiple wrongful death lawsuits filed by members of the family, those can be consolidated.
What results in the wrongful death of a person?
Several types of incidents could result in wrongful deaths, such as medical malpractice, car accidents, slip & fall accidents, and defective products. Other examples include nursing home abuse, criminal acts, such as attempts to murder, and dog bites. Note that wrongful death lawsuits are civil lawsuits, which means if someone killed your loved one and is facing criminal proceedings, you can still take action.
What damages can one recover?
According to California laws, those filing wrongful death lawsuits can recover the estimated amount of financial support that the deceased may have provided to the family if they were alive, loss of benefits & gifts, and out-of-pocket expenses, such as the cost of funeral and burial. One can also recover non-economic damages, such as loss of companionship, loss of sexual relations, and loss of affection and love.
Is there a time cap for wrongful death lawsuits?
Yes, like other personal injury lawsuits in California, wrongful death lawsuits are also subject to a deadline according to the statute of limitations. In most cases, the upper limit or time cap is two years from the death of the deceased.
Meet a wrongful death lawyer
Find a capable attorney who specializes in wrongful death lawsuits in Stockton and meet with them to learn the right course of action. They should be able to guide you on the dos and don’ts you need to follow and will share an overview of California laws.
