In Long Beach, a wrongful death is one that is a result of the negligent or careless actions of another person. Wrongful deaths typically happen suddenly and unexpectedly, which can make it even more difficult for family members to move on afterward. Unfortunately, family members lose more than just a close personal relationship when someone they love dies. They also incur financial hardships, such as the loss of income the deceased contributed to the household, as well as funeral and burial expenses. If someone you love has been killed due to the reckless actions of someone else, you can claim damages for your losses. Unfortunately, claiming the compensation you deserve is not easy. A Long Beach wrongful death lawyer can help you through the process so you recover the fair settlement you deserve.
The Laws on Wrongful Death in Long BeachLike other personal injury cases, when filing a wrongful death claim, you must prove another person acted carelessly and it resulted in the passing of your loved one. However, that is where the similarities end. Accident victims must typically file their own personal injury claim, but only certain people are allowed by law to file a wrongful death claim. Under California law, only surviving spouses, domestic partners, and children can file a wrongful death claim. If the deceased did not have any of these surviving family members, anyone with an interest in the estate can file a wrongful death claim.
Also unlike other personal injury cases, wrongful death claims do not have a discovery rule exception under the statute of limitations. In Long Beach, as throughout the rest of the state, you have only two years from the date of the death to file a wrongful death claim. If you do not file within this time, you will lose your right to claim compensation. An experienced wrongful death attorney in Long Beach can help ensure you do not miss any important deadlines.
The Laws on Survival Claims in Long BeachWrongful death claims are intended to compensate family members of the deceased for the personal losses they sustained. A survival claim, on the other hand, can also be filed. These claims are meant to compensate the deceased’s estate for losses they sustained after the accident, but prior to their death. Damages in these claims can include lost income, medical expenses, pain and suffering, and more.
For example, a person may be involved in a serious car accident. They are taken to the hospital to be treated for their injuries but succumb to them one week later. Through a survival claim, the deceased’s estate can claim those losses, just as the victim would have been able to if they had survived the accident. The legal concept recognizes that the deceased could have filed a claim for these damages and so, the claim survives the person’s death.
Our Wrongful Death Lawyer in Long Beach Can Advise on Your ClaimIf you have suffered the loss of a loved one, it is important to know about the different types of compensation you can claim. At Brod Law Firm, our Long Beach wrongful death attorney will advise on all aspects of your case, including the full damages you can claim. Call us today at (800) 427-7020 or fill out our online form to schedule a free case review and to learn more about your legal options.