Basic and important facts about litigation of wrongful death case
Sometimes in personal injury cases, the victim has already lost the ability of filing a lawsuit for himself. This situation happens if the victim was still unconscious, succumbed to a long-term coma, totally paralyzed and worst case is if he was already dead.
If the victim died because of an accident caused by another person or entity's negligence and/or wrongful act, then the personal representatives of the victim's estate may file a wrongful death lawsuit against the liable party.
People who can file a wrongful death lawsuit
The following persons or personal representatives of the victim acting on their behalf can assert a cause of action for the victim's death that was caused by a negligent and/or wrongful act:
Group A
- Surviving spouse or domestic partner
- Children
- Offspring of children who are already deceased
- In case the victim has no surviving children, persons including surviving spouse or domestic partner entitled with the victim's property through intestate succession
Group B
Whether they are qualified or not in the Group A, if they had been dependents of the victim, they may also sue for the victim's wrongful death.
- Putative spouse or the surviving spouse from a void or can be considered void marriage if the court found that he or she believed in good faith that the marriage with the victim was legitimate or valid.
- Children by the putative spouse
- Parents
- Stepchildren
Group C
- A minor who has resided with the victim's household during the previous 180 days at the time of the victim's death and the victim's dependent for a half or more of his/her support.
Many people may become qualified to sue for the victim's premature death.
State of California's statute of limitations in filing a wrongful death lawsuit:
Currently, the state of California's Statute of Limitations for suing on account of a wrongful death case is two years starting from the date of the accident or the incident that caused the wrongful death.
Failure to file a lawsuit for wrongful death within the two-year period means that the qualified persons lost or waived their right to sue.
Damages for wrongful death or the compensation entitled to those who have sued for the victim's wrongful death.
Statutes and laws governing wrongful death litigation is varied and differing among every state. The wrongful death litigation attorney to handle the case must have specialized knowledge on the particular area where the case is filed.
For more information about wrongful death litigation, contact Los Angeles Litigation attorney services at http://www.attorneyservicesetc.com/
Knowing the Inclusions in the Articles of Partnership
What are included in the articles of partnershipEssential Factors Regarding Construction Accidents Liability
Important aspects in liability for construction accidentsSSI Benefits for Children with Disability
Benefits under the SSI program for disabled children