Dealing with wrongful death actions in California becomes overwhelming for loved ones. It is heartbreaking to deal with the death of someone close; especially a family member. What makes it worse is the fact that negligence was the reason for death. Wrongful death actions are quite similar to survival actions claims as it deals with the effects of someone’s death.
Holding someone liable for their negligence is essential to recover the compensation you deserve. No compensation can cover the unbearable loss of losing someone. However, compensation helps you to deal with financial and emotional burdens in a better way. In 2019, there were 173,040 preventable deaths reported in the USA.
Compensation is awarded for a wrongful death claim to the dependents. Whereas for a survival claim, the dependent seeks damages for injuries that occurred before the death. The process for a compensation claim is different for both cases. After the death of a loved one, you can speak to our experienced personal injury attorney to know whether you can file for both of these actions or only one. We have knowledge and expertise with both types of claims. We aim to achieve successful results for your case.
Elements of Survival Actions and Wrongful Death Actions in California:
The challenging process of wrongful death actions in California has a great toll on one’s mind. While you may be just recovering from the loss, it becomes extremely difficult to think accurately and make the right decision. Having an attorney on your side can make things easier for you. Your attorney will help you in managing the documentation along with considering the types of claims to proceed.
The circumstances under which you will be filing the claim create a distinction between a survival claim and a wrongful death claim. The components of a wrongful death claim include the following:
- The person filing should be a statutory beneficiary of the deceased; this will include the parent, child, or spouse of the decedent
- The decedent would be legally allowed to file the injury claim if they had survived the injuries.
- The defendant should be an individual or a corporation.
- The members who file for the claim must have suffered damages due to the death including emotional distress, loss of inheritance, and loss of companionship.
- The death was caused due to someone else’s negligence, carelessness, wrongful act, or default.
- The surviving parent, child, or spouse of the decedent are eligible to receive compensation; the damages include both the court costs and the loss suffered by the claimants.
A survival claim seeks justice for the victim and not for their family. It is a claim sought after death. It is covered under personal injury. Following are the elements of a survival claim:
- The defendant’s wrongful actions caused the injury to the deceased before the death.
- The plaintiff should be a personal representative of the victim’s estate.
- If the decedent survived they would have taken legal action for the injury they suffered.
- A personal injury was suffered by the decedent to their health before death.
- The decedent’s estate is eligible for the compensation and it is distributed accordingly. If the injury caused the death of an individual, funeral costs are also recovered. The recovery includes all the damages suffered by the decedent due to the injury
Statute of Limitations:
The statute of limitation for a wrongful death claim or a survival claim is two years after the death of a loved one. You will be unable to recover the damages if you fail to file the claim before this deadline. You lose the right to file for both claims after two years. However, this time is crucial to building a substantial case. You may require a lot of time for investigating and finding out who was at fault for your loved one’s death.
Hiring a Wrongful Death Attorney:
Getting in touch with a personal injury attorney can make the process of filing a claim for wrongful death actions in California much faster. You should consult with our attorney as soon as possible to give them ample time to establish a strong case after a complete investigation. This is your chance to obtain the compensation you truly deserve.
If you or your loved ones suffered such a great loss, know your legal options through our experienced personal injury attorney. They will assist you throughout the case. We are equipped to handle your matters and guide you to the best legal solution according to your case.