Catastrophic personal injury cases resulting in death can happen in an instant. The grief of losing a loved one due to someone else’s negligence is only compounded by the knowledge that it could have been prevented. If your loved one was killed because of another person’s careless actions, you have the right to hold them legally accountable. Call (858) 333-7477 Matthew De Lira APC today to schedule your free consultation.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action brought by the family of a deceased person’s estate to hold the responsible party accountable for the damages and losses their negligence caused. These lawsuits may be filed against individuals or legal entities. To prove wrongful death, the party bringing the legal action must prove the person or entity responsible for their loved one’s death was negligent.
Wrongful death claims can result from several unfortunate situations, including:
- Medical Malpractice
- Car Accidents
- 18-Wheeler Accidents
- Product Liability
- Construction Accidents
- Slip and Falls
- Railroad accidents
- And more
It’s essential to rely on the guidance of a skilled Carlsbad wrongful death lawyer to handle your wrongful death claim. Often, emotions run high in these situations, and it’s challenging to focus on your emotional health while battling a legal case. Matthew De Lira knows what it’s like to deal with Carlsbad personal injury cases, as he has over ten years of experience in the field. Once retained, he will guide you through every step of the legal process, from negotiation to trial.
Can I File a Wrongful Death Lawsuit?
Any type of lawsuit requires the person or entity bringing the lawsuit to have standing. Standing is a legal doctrine that limits who may bring lawsuits. Your ability to get a wrongful death lawsuit depends on your relationship with the deceased individual.
According to California’s Code of Civil Procedure §377.60 (a), a wrongful death lawsuit may be brought by any of the following on the decedent’s behalf:
- Surviving spouse
- Domestic Partner
- Children
- Issue of deceased children
- Interstate successors (if there’s no surviving issue of the decedent)
It’s essential to take action fast if you’re bringing a wrongful death lawsuit on behalf of the decedent. California’s Statute of Limitations for actions other than the recovery of real property is generally two years from the occurrence of the action that forms a basis for the claim. That means you’ll have two years from the date of the accident that caused your decedent’s death to bring a wrongful death lawsuit. Failure to bring the wrongful death lawsuit within two years will mean you will lose your opportunity and right to get the wrongful death lawsuit and recovery compensation for the loss of your loved one.
Experienced Carlsbad Wrongful Death Attorney
Losing a loved one due to someone else’s negligence is devastating. In such difficult times, you should entrust your case to a compassionate and experienced Carlsbad wrongful death attorney who puts your needs first. Matthew De Lira is committed to understanding your losses and offering support. Contact us today to explore the possibility of filing a wrongful death lawsuit and seeking accountability for your loss.