3 Elements of a Wrongful Death Claim Explained

Posted on : December 9, 2014
Wrongful-Death

Losing a loved one is a devastating and challenging experience. Getting answers and the justice your loved one deserves can be the first step to healing from your loss. A wrongful death claim can help you get closure and obtain compensation to relieve the financial burden of your loss. There are 3 main elements of a wrongful death claim that you need to understand in order to pursue this type of legal action.

 

1. Your Loved One’s Death Must Have Been Caused By Intentional Action or Direct Negligence

In order to pursue a wrongful death claim, it must be proven in court that the death of your loved one was the direct result of the negligence of another person or company, or an intentional act. Your attorney must be able to show that your loved one’s death was caused by the defendant in the claim, and that no other causes can be attributed to the death.

 

2. You Must Have Suffered a Loss As a Result of Your Loved One’s Death

Your California wrongful death lawyer must be able to show that you suffered tangible losses as the result of the untimely death of your loved one. The courts recognize that loss of love and a physical relationship occurs when the plaintiff is the spouse of the decedent; however, loss of love may also apply in cases where the plaintiff is another direct relative of the decedent. Financial losses must also be proven, such as if the decedent contributed greatly to the household income or provided services like home repairs that you will now have to pay for.

 

3. You Must Be Within the Two Year Statute of Limitations

A wrongful death claim must be brought forward no later than two years following your loved one’s death. This is the California statute of limitations on wrongful death claims, and you may not pursue a claim for wrongful death after two years has passed, except in very special circumstances.

 

How to File a Wrongful Death Claim

If your loved one has passed away due to a wrongful death and your case meets the above criteria, you may be able to pursue compensation and justice for your loved one. The first step to determining whether or not you will be able to bring a wrongful death case forward is to contact a skilled Fresno wrongful death attorney as soon as possible. Don’t wait — it is much easier for your lawyer to gather the necessary evidence to support your case if you begin pursuing a claim immediately.

 

At the Law Office of Carl L. Brown, we understand how difficult losing a loved one can be, and are committed to providing you with compassionate, aggressive representation throughout each stage of your case. We are dedicated to the success of your case, and will zealously advocate for your right to compensation. Contact us today for a consultation by calling (559) 431-4400.

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