Losing a loved one because of a crash that was someone else’s fault is traumatic, partly because it’s unexpected. There are times when negligence was the cause of the crash. That may trigger a discussion about taking legal action.
A wrongful death lawsuit can occur in many cases, but there are very strict limitations on when they can be filed. There are also limitations on who can file one of these claims.
Limitations for wrongful death claims
It’s possible to file a wrongful death claim if certain conditions are met. These include that the decedent has to be a person, that the death had to be caused by someone else, that the person had a duty to the victim and that harm was caused by the death.
In order to file a wrongful death claim, the decedent’s estate must have a personal representative or executor. The claim can typically only be filed by or on behalf of the next of kin. This is typically the spouse or parent of the decedent, but others can also be included if neither of those individuals is present.
Some of the expenses that can be claimed in a wrongful death lawsuit include medical bills, funeral expenses and lost wages. In some cases, pain and suffering before death and loss of companionship are also possible.
Filing a wrongful death claim can be a complex undertaking, and it must be done quickly, typically within two years from the date of death in California. Because of the nature of these cases and the emotional turmoil that you’re going through after the loss of your loved one, it might be best for you to work with someone familiar with these matters so they can handle it while you cope with your loved one’s death.
