Wrongful Death Attorney Serving Montclair
Attorney Justin H. King, Serving Families in Montclair with Wrongful Death Claims
As human beings we are accustomed to the thought that we will have death in our lives. The thing that is unique about wrongful death is that nobody is anticipating that it will happen and in many situations the death could have been avoided. This makes it even more difficult for people to grieve as most believe that the death should not have occurred. Based on California law there may be a wrongful death claim if the death of the person was the direct result of someone’s negligence or neglect.
Families who have a loved one fall victim to a wrongful death should consult with an Montclair wrongful death attorney to fully understand their rights and have them protected.
Montclair CA Wrongful Death Claims Cases, No Time to Waste!
Just like any other civil case with in the California court system, personal injury and more specifically wrongful death cases, are subject to predefined statute of limitations. This means the based on the type of case, and the type of claim being filed or sought there are specific time frames on when you can file or when the timeline has exceeded and no claim will be entered into the court system. Because California has so many specific regulations for each type of case, and even more specifically for different types of injury and wrongful death claims, it is very important to understand what your specific responsibilities and obligations are when bringing forth a wrongful death claim in California.
This is not typically what is on the minds of a grieving family but regardless of grieving, the court system will adhere to these very specific time guidelines. Initiating a case sooner than later provides a good opportunity to uncover all the details as well as identify and secure evidence and witness testimony.
Attorney Justin H. King Represents Families in Wrongful Death Claims in Montclair
Attorney Justin H king and his law office fight for victims of wrongful death in Montclair. Wrongful death claims can be extremely difficult to compile and build a strong case that could potentially result in a favorable compensation payment for the family. Understanding what to look for and how to compile every important detail as well as adhering to California state timelines and general procedural practices can make the difference in your case for wrongful death. Personal injury attorney Justin H. King understands how delicate a wrongful death case can be and how important it is to be diligent and detail oriented to make sure that the victims of wrongful death claims receive the best possible case outcome.
Aggressively fighting for victims of wrongful death in Montclair – Attorney Justin H. King
Personal injury attorney Justin H. King understands how emotionally draining the death of a loved one can be. He further understands that during this time of grieving family members are typically not thinking or considering financial compensation. But he does understand that at a certain point the family will need some form of compensation for their damages to continue their life as UN-altered financially as it can be. Attorney King works hard for each and every one of his clients to make sure that the best possible outcome is realized. He is experienced in dealing and negotiating with insurance companies as well as the negotiation of settlements and has the courtroom experience should a wrongful death case require a formal trial and jury verdict.
Contact Justin H. King about your Wrongful Death Claim: No Obligation – Always Confidential
After the death of a loved one, residents of Montclair may not know where to turn and what their options are. The law offices of Justin H. King can help not only provide important information about what to expect with regards to a wrongful death claim but further can determine if there is potential for a favorable outcome in a wrongful death case. With all cases in the California court system time is always a factor so understanding what your rights and your responsibilities with respect to a wrongful death claim are should be understood as soon as possible.
File Wrongful Death Claims – Who’s Eligable?
In California, and specifically the California civil code, it is very clear on who is able to file a wrongful death suit through the California civil court system. Common people eligible to file a wrongful death claim in California would be the surviving spouse or domestic partner of the victim, a child or children of the victim as well as anybody who was dependent upon the deceased. this could be parents, stepchildren or external family members as well as anybody who may have had a property claim or entitlement against the deceased, assuming they had no will or estate planning in place.
There are other regulations with respect to filing a wrongful death claim and particularly how those potential claimants are named and brought into the court case. An experienced wrongful death attorney can provide more clarification on those issues.
Qualifying – Pursue a Wrongful Death Claim.
The main basis for a wrongful death claim in California is that the death occurred as a result of someone else’ negligence or lack of care and that contributed directly to their death. Further than this the facts and the circumstances of that death have to be proved in relationship to negligence and to the death to be able to successfully recover damages in a wrongful death claim.
Death by way of suicide does allow the possibility of a wrongful death claim to be filed. It must be proved that there was somebody who owed, or was obligated to provide a certain level of care whether it be medical treatment or supervision to the deceased. Then it must be proved that the person did not provide that standard of care to the deceased therefore proving that they were negligent party that participated in that death.
In California there are also some situations where a death could occur but the California laws does not allow for a wrongful death claim to be pursued. An example of that would be a death of an unborn child. Based on the California Supreme Court ruling it was cited that “a fetus is not a person within the meaning of our wrongful death statute until there has been a live birth”.
Another, maybe more common, situation where a wrongful death cannot be pursued through the courts is in the events of a homicide that was justifiable.
Fault & Recovery – Wrongful Death Claims
A common misconception in California is that if the deceased contributed to their own death, no wrongful death claim can be filed. This however is not true because California uses a pure comparative fault rule which means that even if the deceased contributed to their own death in some form, that they still may be able to have their family file a wrongful death suit and recover compensation for damages. Specifically the courts and or parties will determine the percentage of fault assigned to each party and the death, and then further assign the compensation based on the percentage of that fault.
In cases where fault maybe shared on a death it is important to speak with a personal injury attorney who has experience in wrongful death claims cases. These attorneys can look at all of the details surrounding the death as well as balance out an anticipated level of faults and then better understand any potential for a favorable outcome with regards to compensation for damages.
Simply put, just because someone may have contributed to their own death does not rule out the possibility that their family and loved ones and or dependents can file a wrongful death claim and be successful at recovering damages.