If your case goes to trial you will need to go to court for your wrongful death lawsuit. However, there are many cases where you will not need to go to court. Read our article below to get a full understanding.
If you have lost a loved one due to someone else’s negligence or wrongful act, you may be wondering whether you need to go to court to file a wrongful death lawsuit in California.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action taken against a person or entity that is responsible for causing someone’s death due to negligence or wrongdoing.
The purpose of a wrongful death lawsuit is to seek compensation for the damages suffered by the victim’s family, such as lost income, medical bills, funeral expenses, and emotional distress.
Who can File a Wrongful Death Lawsuit in California?
In California, only certain individuals are allowed to file a wrongful death lawsuit. Typically, the decedent’s surviving spouse, domestic partner, children, or grandchildren are eligible to file a claim. If there are no surviving children or grandchildren, the decedent’s parents or siblings may file a lawsuit. Additionally, anyone who was financially dependent on the deceased at the time of death may also have the right to file a claim.
When do You Need to go to Court for a Wrongful Death Lawsuit in California?
Whether or not you need to go to court for a wrongful death lawsuit in California depends on several factors. In some cases, the responsible party may offer a settlement that compensates the family for their damages without having to go to court. However, if the responsible party denies liability or refuses to offer a fair settlement, the case may need to go to court.
Moreover, if the responsible party has insurance coverage, the insurance company may become involved in the lawsuit. The insurance company may try to settle the case out of court or defend the responsible party in court. In either case, having an experienced wrongful death attorney on your side can make a significant difference in the outcome of your case.
What is the Statute of Limitations for a Wrongful Death Lawsuit in California?
The statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the victim’s death. However, there are exceptions to this rule, such as in cases where the responsible party is a government entity. Therefore, it’s crucial to consult with an experienced wrongful death attorney as soon as possible to determine your legal options and protect your rights.
What Damages can You Recover in a Wrongful Death Lawsuit in California?
If you file a successful wrongful death lawsuit in California, you may be entitled to recover various damages, including economic and non-economic damages.
Economic damages refer to the financial losses suffered by the victim’s family, such as lost income and medical bills. Non-economic damages refer to the emotional losses suffered by the victim’s family, such as pain and suffering and loss of companionship.
Contact GJEL If You Think You May Have a Wrongful Death Case
Losing a loved one is one of the most difficult experiences anyone can face. If your loved one’s death was caused by someone else’s negligence or wrongdoing, you may be entitled to compensation through a wrongful death lawsuit in California.
However, navigating the legal process can be complex and overwhelming, and it’s crucial to have an experienced wrongful death attorney on your side. With their help, you can seek justice for your loved one and obtain the compensation you deserve.
If you have lost a loved one due to someone else’s negligence, you may be entitled to compensation through a wrongful death lawsuit. To improve your chances of winning your case and obtaining the compensation you deserve, call GJEL Accident Attorneys today at 866-293-9364 for a FREE, no-obligation case review. We are available 24 hours a day to help you, and our experienced attorneys can guide you through the legal process and fight for your rights. Alternatively, if you prefer email, fill out the form on our website, and we will be in touch soon. Don’t wait – contact us today to take the first step towards justice.