Wrongful Death Cases: A General Overview
Wrongful death law is applied in tort cases where a defendant’s behavior has caused another’s death, which ultimately left behind the victim’s surviving family members or dependents that will suffer damages as a result of the victim’s untimely death.
The purpose of tort law is to compensate the victim’s survivors for the grievances accrued after the death. Many states, including California have wrongful death laws and many states will enforce time restrictions when it comes to filing a lawsuit. If you or someone you know would like to file a lawsuit for the premature death of a loved one, consider seeking the legal expertise of an attorney who is well versed in the field of wrongful death cases. Wrongful death statutes are subject to change and it is imperative to seek the expertise of an attorney who is proficient in the matter.
The Unique Qualities of a Wrongful Death Lawsuit
Wrongful death claims in California are usually the result of negligence. Negligence arises when an accused party is careless when causing harm to a person. Common examples of negligence may involve the following situations:
- A drunk driving incident that caused the life of another driver.
- An incorrect dosage given to a patient by a careless anesthesiologist.
- A building inspector who overlooked regulations to complete a structure faster.
Wrongful death lawsuits in the State of California can also be presented when the accused’s behavior was intentional. In many cases, this can be the result of conduct such as murder. Other cases could implicate conditions involving strict liability. Common claims in this situation involve unsafe pharmaceuticals or defective products.
Civil Cases Versus Criminal Cases
A wrongful death claim is different than that of a criminal case. Criminal cases in California will be brought forth by the state in order to bring charges against a defendant for his or her criminal actions. When a person has perished as a result of criminal conduct, this could result in the defendant’s punishment, which could involve court fines, imprisonment, or a death sentence.
Wrongful death lawsuits are civil cases that are brought forth by the victim’s loved ones. A successful case will seek to recover monetary damages for the dependents or survivors of a victim.
Obtain the Legal Support of a Specialized Attorney
In order to prevail in a wrongful death claim in California, the burden of proof necessary is much lower than that of a criminal case. In spite of this, filing a claim presents many challenges that require the special attention of a proficient attorney who has experience in wrongful death cases.
If you have lost a loved one due to the careless actions, or in some cases, the inaction of another, consider speaking to an attorney who can represent your rights. The attorneys at Milligan, Beswick, Levine, & Knox, LLP., are highly experienced in the field of wrongful death lawsuits in the State of California. Wrongful death claims are strictly time sensitive, seek the legal expertise of a skilled attorney today.