YOUR TIME TO FILE IS LIMITED
In most cases, the statute of limitations for filing a personal injury claim is two years from the date of the accident, but many complicating factors can either shorten or lengthen the time a victim has to file a claim following an accident. To protect their claim, accident victims should retain the services of the exceptional personal injury lawyers at Wilshire Law Firm to ensure they receive the maximum compensation they are entitled to.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
In the state of California, strict regulations dictate who can and cannot file for wrongful death. Parties who can file for wrongful death suits include:
- Spouse. If your spouse or domestic partner was the victim of wrongful death, you can file a wrongful death lawsuit and seek compensation for the loss.
- Children. If you lose your biological or adoptive parent, you can seek compensation. Other related individuals, such as stepchildren or minors living with the decedent (deceased party) for at least 180 days, may also be entitled to compensation.
- Parent. If you are the parent of the deceased, you can file a wrongful death claim. This only applies if your child was a minor at the time of death or an adult with no descendants.
- Other Heirs. If no spouse, child, or parent can be identified as survivors of the victim, another surviving family member may be recognized as the “heir” and file a wrongful death claim.
HOW LONG DO I HAVE TO FILE A WRONGFUL DEATH CASE?
Generally, survivors of the victim have exactly 2 years following the accident to file a wrongful death suit in court.
WHAT ARE THE MOST COMMON CAUSES OF WRONGFUL DEATH?
The most common causes of wrongful death cases are:
WHAT DAMAGES CAN I RECOVER IN A WRONGFUL DEATH CLAIM?
In a wrongful death case, the survivors of the decedent can recover:
- Economic damages, including lost future income and benefits of the victim, medical or funeral expenses; and
- Noneconomic damages, typically for pain and suffering as the result of losing a loved one.
WHAT ARE MY GRIEF COUNSELING OPTIONS?
Anytime we take on a wrongful death case, we try and connect the individual(s) filing with bereavement services. While a successful wrongful death lawsuit is important, access to immediate counseling and resources can be just as crucial – if not more so.
Support groups for the bereaved include:
- OUR HOUSE Grief Support Center, which provides support groups for people of all ages along with online grief resources;
- Grief Haven, which connects survivors with support groups, grief counselors, and other online grief tools and information;
- Hope Connection, whose mission is to “provide group support, educational programs, and information that helps alleviate the pain of grief and promote healing.
Work with Attorneys Who Care
At Wilshire Law Firm, it’s our mission to hold the negligent accountable. We’ll be your advocate and support system, helping you obtain the justice you deserve for the death of your loved one. Call now to receive your free, discreet consultation and learn more about how we can help you.
