Call Today 818-548-8000
Noravian Law Firm
You've Been Placed In Harm's Way. Don't Stay There.

Communication is Key in Wrongful Death Cases

The death of a loved one or a pet can leave you devastated and confused. When a death is unexpected and caused by the negligence of another, the range of emotions experienced, and the grieving process as a whole can really take a toll. The initial shock of losing someone due to the carelessness of someone else often leaves people feeling lost and paralyzed in their emotions. If you have just lost a loved one, and you believe it was due to the negligence or misconduct of another person or corporate part, you need to seek the counsel of an attorney who has successfully handled wrongful death cases.

Statutes of Limitation

There are no two people who will grieve the same, and there is no timeline or measure in regards to how long you should grieve. However, when it comes to the window you have to file a wrongful death claim, you have to do so within a reasonable period of time. In the state of California, you have two years from the date of your loved one's death to file a claim. This may seem like an adequate period of time, and you may feel like you have plenty of time to pull together the pieces of your case, however, there are some things you must consider.

Depending on the circumstances surrounding the death, it could take a year or better for investigators to come to a conclusion and generate a report. Witnesses may not be readily available, and evidence could get lost.

Filing Eligibility

Depending on what your relationship might have been to the deceased, there may be some confusion as to who can file a wrongful death claim. Most people are under the assumption the right to file is limited to the spouse or children of the deceased. In the state of California, the law allows the following persons to file wrongful death suits in addition to spouses and children.

  • Domestic partners
  • Any individual who was dependent on the deceased at the time of their death. This could include parents or stepchildren of the deceased, a putative spouse and the children of a putative spouse.
  • Any child of the deceased
  • Anyone who is entitled to the deceased persons property, if there is no will
  • Any minor residing in the deceased persons home at least 180 days prior to the death, if it can be proven the deceased provided at least fifty percent of their support.
  • The deceased person's personal representative who is responsible for bringing the claim on behalf of the estate.

It should be noted, multiple persons may be eligible to file a wrongful death claim, however only one lawsuit can be filed. Each party has to file their claim as a part of one suit.

Selecting an Attorney

Because wrongful death cases can be emotionally draining, you need to make sure that you select an attorney who is experienced, but you also need to select one who has the compassion and the patience to navigate you through tour case in a manner you are comfortable with. This is extremely important because if your attorney can't relate to the suffering and the mental anguish you are going through they certainly won't be able to present your case in a way which would render a recovery. Make sure to select an attorney who you feel comfortable communicating with. Your ability to communicate your thoughts and feelings will play a significant role in the outcome of your case.

No Comments

Leave a comment
Comment Information

Contact The Firm

Bold labels are required.

Contact Information

The use of the Internet or this form for communication with the firm or any individual member of the firm does not establish an attorney-client relationship. Confidential or time-sensitive information should not be sent through this form.


Privacy Policy