Wrongful Death Attorney Serving Chino and Chino Hills
Wrongful Death Claims in Chino & Chino Hills, Subject to California Laws.
Death is something that our society either tries to fight, or at some point can come to terms with as the unavoidable. The problem though with wrongful death is that it is not expected and more importantly, often could have been avoided. In circumstances where a person has died, and it was due to the negligence of someone else, California allows wrongful death claims to be filed when there is “cause of action for the death of a person caused by the wrongful act or neglect of another”.
If you or someone you loved has lost someone due to the negligence of another person or entity, you may have a wrongful death claim and you may be able to recover damages. A personal injury attorney serving Chino and Chino Hills, who represents the families who have lost, can fight and protect your rights.
There is no time to delay when filing a wrongful death claim.
With all personal injury claims in California, there are specific and binding statutes with set time frames of when these claims can be filed and heard. Here are a few statutes that apply to wrongful death claims: Most California wrongful death claims have to be be filed within two years of death. Medical malpractice & health care provider negligence, the California State laws provide three years from date of injury or one year from the discovery of the injury, whichever of those instances occurs first. Any and all claims that are to be brought against the California state government typically must be filed in the proper location no later than six months of the injury.
Because there are so many specific laws that apply to wrongful death in California, it is always a good idea to consult with an attorney who is familiar with wrongful death lawsuits. Each case is different, but the laws and the rules that govern these types of claims apply to everyone.
Do not delay in initiating your wrongful death claim. Evidence needs to be quickly identified and preserved. Witnesses need to be found and interviewed and their statements as need to be as complete as possible. Even if you are not able to complete these crucial actions to no fault of your own, if your time window passes you may be ineligible for filing a wrongful death claim.
California Wrongful Death Claims Attorney Justin H. King Fights for Victims in Chino and Chino Hills
With any personal injury claim in Chino/Chino Hills, and California in general, it can be a battle from the start. Wrongful death claims are no different and even commonly are more difficult to fight. An experienced attorney who is familiar with wrongful death claims as well as the local geographic climate of San Bernardino and Los Angles County courts can help you fight your claim on step at a time. At the Law offices of Justin H. King, your wrongful death case will receive the necessary care and attention required to give you the best chance of recovery and closure after a difficult loss. Contact our office today for a free case consultation, it is always free, confidential and contains no obligation.
File Wrongful Death Claims – Who’s Eligable?
With regard to wrongful death claims there are often a variety of people (victims) who may be able to bring the lawsuit to the court. California law does however require that every person who may have a claim to be named in the wrongful death suit either as the plaintiff or as a defendant who is involuntary. Cited in California Civil Code (CCV), people who may have a wrongful death claim would include: surviving spouse or partner, any and all children of the deceased, a person who is entitled to property of the decedent assuming the deceased had no Will, any persons who were dependent on the deceased (children, parents, stepchildren..) and or a minor child who resided with the deceased for 6 months and was at least half dependent on the deceased.
Qualifying – Pursue a Wrongful Death Claim
With regard to wrongful death claims, the death must be proved to be as a result of a wrongful act, or negligence of another person or entity. In some situations a victim may not qualify for the wrongful death claim based on California Statues.
Death of unborn children or even a fetus is an example where a wrongful death claim in California may not be filed. “A fetus is not a person within the meaning of our wrongful death statute until there has been a live birth”, according the the Supreme Court of California. Another example where claim may not be filed is a homicide that was justifiable.
Deaths that are related to suicide however may still qualify to have a wrongful death claim brought and filed. This would be in situations where a responsible party owed some level or duty of care to the victim and a lack of that care led to the victims suicide death. These situations may lead the victim’s family to file a wrongful death claim.
Fault & Recovery – Wrongful Death Claims
The State of California operates with the pure comparative fault rule, which basically means that a percentage of fault can be deducted from possible recovery of damages even if the victim contributed a large percentage of that fault. Even in the situations where a victim contributed to causing their own death a wrongful death claim can still be filed and damages can still be recovered.
In these situations it is even more important to consult with an experienced wrongful death injury attorney to understand your rights and also any other factors that may contribute to your ability to bring a wrongful death claim. Attorneys can understand and determine the true fault, either shared or exclusively on another party by looking at all relevant factors about the death and what led to it. These insights and understandings give a better chance at a more favorable recovery.