Losing a loved one due to someone else’s negligence is a heartbreaking experience. Beyond the emotional and familial loss, the financial consequences could be devastating. In these cases, it’s essential to do everything you can to hold the correct person responsible for the emotional and financial devastation the loss of a loved one can wreak. If you’ve wrongfully lost a loved one, you may have a wrongful death claim. Call (858) 333-7477, Matthew De Lira APC to learn more about your options and schedule a free consultation with an Encinitas wrongful death lawyer.
What Is Wrongful Death?
In California, wrongful death is a civil cause of action that allows the family of the deceased to hold the negligent party legally accountable for their actions. The deceased person’s estate or family may bring a wrongful death lawsuit. It’s important to note that wrongful death actions may be brought against individuals and all legal entities, such as large corporations.
It’s essential to rely on a skilled Encinitas wrongful death attorney to handle your Encinitas wrongful death lawsuit. Losing a loved one is an emotionally taxing situation. With the emotional toll, it’s nearly impossible to handle the legal process independently without professional legal assistance. Matthew De Lira has dealt with many wrongful death lawsuits in his more than a decade-long legal career and knows how to get your family the maximum compensation possible.
Who Can Bring A Wrongful Death Lawsuit?
California’s Code of Civil Procedure §377.60 (a) governs who has standing to bring a wrongful death lawsuit. Standing is a legal doctrine that dictates who may bring legal actions. For wrongful death lawsuits, your ability to take legal action will depend on your familial relationship to the deceased or your status in their estate. A wrongful death action may be maintained by:
- Surviving spouse
- Domestic Partner
- Children
- Issue of deceased children
- Interstate successors (if there’s no surviving issue of the decedent)
Regardless of who brings the wrongful death lawsuit, they must act fast. California’s statute of limitations for wrongful death actions is two years from the incident date, which underlies the legal claim. If you don’t bring a legal action within the two-year statute of limitations period, you will lose your right to legal action. Timely action will help your family get the closure they deserve and prevent them from missing out on the compensation they deserve for their substantial loss.
How Long Will My Encinitas Wrongful Death Case Take?
The amount of time it takes for your Encinitas wrongful death claim to reach its conclusion will depend on several factors. In most cases, a settlement is reached before or during the legal process, which can significantly expedite the time it takes to conclude your case. However, it’s common for defense attorneys and insurance companies to drag out cases, hoping you will give up or accept less for your claim.
Matthew De Lira knows insurance companies and defense attorneys’ tactics because he’s represented both sides of personal injury and wrongful death cases. He has experience handling all stages of the legal process as an Encinitas personal injury lawyer, including:
- Negotiation
- Discovery
- Motion Practice
- Oral Argument
- Trial Practice
Matthew understands how to successfully try a case and receive maximum value for his client’s losses. He’ll walk you through each step of the legal process and keep you up to speed on the details of your case. He’ll work tirelessly to push your case forward as fast as possible and will never fall for the defense’s stall tactics.
Experienced Encinitas Counsel You Deserve
With so much at stake after losing a loved one, you need an Encinitas wrongful death attorney who’s going to get your family the compensation they need to move forward with their lives. If you’ve lost a loved one due to someone else’s negligence in Encinitas, contact Matthew De Lira today. Your first consultation is free, so why wait.