Wrongful Death Attorney in Fontana
Attorney Justin H. King, Serving Residents of Fontana on Wrongful Death Claims
Death is something which our society tries to fight, or at some stage can come to terms with as the inescapable. The problem though with wrongful death, is that it’s not anticipated and moreover, regularly could have been avoided. In conditions it was due to the negligence of another person, plus where a person has died, California allows, when there is “cause of action for the death of a person caused by the wrongful act or neglect of another”, a wrongful death claims to be filed.
As with any personal injury claim, wrongful death claims require the experience of a personal injury attorney serving Fontana who understands who to fight and protect your rights.Wrongful Death Claim in Fontana? There is no Time to Waste!
All personal injury case claims in California are subject to very specific time limitations. These limitations have bearing on all personal injury and wrongful death claims. Some of the most commonly known limitations are listed here: Most California wrongful death claims have to be be filed within two years of death, Medical malpractice & health care provider related negligence claims, the laws provide 3 years from injury or 1 year from the discovery of injury, whichever occurs first, Any and all claims brought against the California state government typically must be filed no later than six months.
Due to the fact that there are so many different time frame laws with regards to personal injury, and more specifically wrongful death, it is important to consult with an attorney who can advise you of your rights and also your responsibilities with regards to a potential wrongful death case.
While the time after a death in the family is often spent grieving, it is important to think about the very real financial implications such as lose of income that will become a hard reality soon. Initiating a wrongful death case claim sooner than later helps to provide a good chance of building a strong case. Evidence can be quickly identified and preserved. Witnesses can be found and interviewed and their statements can be more complete, detailed and reliable. In situations where 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.
Wrongful death claims in Fontana can be very difficult to fight since there are so many external factors that have to be documented and integrated into the case. Attacking the case with a running start and then attention the detail during every phase is what provides the best possible chance for a good outcome. Justin H King understands what it takes to successfully represent clients who have suffered a death and are looking for damages by way of a wrongful death claim. Contact Personal Injury Attorney Justin H. King today today for a free case consultation, it is always confidential and contains no obligation at all.
File Wrongful Death Claims – Who’s Eligible?
Regarding wrongful death laws, there tend to be a number of people (victims) who might be able to create a law suit in the court system. California legislation does nevertheless need that each individual who might have a claim to become a member within the lawsuit. Reported in California Civil Code (CCV), individuals who might have a wrongful death claim could be: surviving spouse or domestic partner, every children of the deceased, an individual who is eligible for property of the decedent accepting the deceased had no Will, any individuals who have been dependent on the deceased (kids, parents, stepchildren.) and-or a small child who existed who depended on the deceased for six months.
Qualifying – Pursue a Wrongful Death Claim.
When looking at wrongful death claims in Fontana, and generally in California, the death of the victim must be proved to have resulted from a negligent act or contributed to by another person and or entity. In circumstances not to common, California law does not allow for the filing of a wrongful death claim. Some of these are as follows:
Death or termination of an unborn child/fetus is a situation where a wrongful death claim is not available for victims. “A fetus is not a person within the meaning of our wrongful death statute until there has been a live birth”, as cited and enforced by the Supreme Court of California. Another instance in which a claim for wrongful death is not allowable in court is a homicide that was justifiable.
A situation where people may not commonly think a wrongful death claim can be filed but it is allowable in California Civil Courts is death by suicide. For these situations it is a matter of proving that there was a responsible party who had obligation to the deceased to provide either a standard of care or or some formal duty and that person failed to perform within their expectations. Wrongful death claims can then be initiated.
Fault & Recovery – Wrongful Death Claims
Just because the deceased contributed in some part to their own death, does not rule out the filing of a wrongful death claim. California, with regards to personal injury and wrongful death, use the pure comparative fault rule, simply put, a percentage of fault can be assigned to each party and then the recovery of the victim would be relative to the percentage of fault of contribution. This is important to note, because even if a person who has died contributed to their own death in some way small or large, there may still be cause for a wrongful death lawsuit and claim to compensation for damages.
In cases where some fault was shared it is crucial to consult with a personal injury attorney with experience in wrongful death claims. An attorney can uncover details and better understand the contribution of fault to better pin point the validity of a claim as well as the potential for a favorable outcome during the recovery.