A wrongful death lawsuit comes under the civil lawsuits that are filed against a business or a person that became the reason for the death of a loved one. Examples of such cases include fatality from a fall, fatality resulting from violent assault, fatality from loss of blood at a nursing facility, and fatality from automobile accidents. There are several things you need to remember if you happen to be in one of these events.
The Elements Of A Wrongful Death Lawsuit In The State Of California
The elements depend on several factors which change from case to case. A fatality must have occurred due to the wrongful act of another person. The question of whether it was a matter of intention or negligence is irrelevant.
In case the death occurred due to the wrongful act of another person, then the act is analyzed. In case the act was of negligence, the elements examined will be causation, duty, damages and breach.
If it was an intentional act, the elements are considered through nonconsensual contact. In case a defective product was involved in the wrongful act, the analysis is completely different. It is advisable to consult wrongful death lawyers in such events.
The Persons Eligible To Bring Up A Wrongful Death Lawsuit In California
According to the California Code of Civil Procedure 377.60, the following individuals are eligible to bring a wrongful death action in California.
• The surviving spouse, children, domestic partners, or children of any deceased children of the deceased person.
• In case there are no survivors for the deceased person, then the persons entitled to succeed to the person’s property will be eligible to bring up a lawsuit.
• Other individuals entitled to bring up this lawsuit (this becomes confusing to the common man and it is advisable to consult wrongful death lawyers).
The Statutes Of Limitations In Filing A Wrongful Death Lawsuit In California
Statute of limitations is the time period allowed for the filing of a lawsuit. The victims are not allowed to file a lawsuit once this limit has been crossed. There are different statutes of limitations for different types of cases which are as discussed below.
• Within 2 years from the date of death;
• Within 6 months from the date of death if the defendant happens to be a government entity. (Remember that this area could get complicated and it is advisable to consult a wrongful death attorney for cases such as this.)