In Riverside, as throughout the rest of California, a wrongful death is any death that occurs as a result of the negligent or careless actions of another person. A death caused by an intentional act, such as assault, is also considered a wrongful death in civil law. Wrongful deaths typically occur suddenly and unexpectedly, and it is difficult for surviving loved ones to move on with their lives afterward. Those loved ones are often left with financial losses, such as the income their loved one earned and upon which they relied to survive. If you have lost someone, our Riverside wrongful death lawyer can help you recover compensation to offset these losses.
The Law on Wrongful Death in RiversideLike in other personal injury claims, surviving loved ones must prove another person’s negligence caused a wrongful death. However, that is where the similarities end. Unlike in other personal injury claims, the accident victim cannot file the claim and so, the law is clear about who can file these claims. Under the law, a surviving spouse, domestic partner, or adult child of the deceased are the only people eligible to 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 claim.
The statute of limitations, or time limit, on wrongful death claims is two years from the date of the death. Unlike in other types of personal injury cases, this time limit cannot be tolled, or delayed. For example, a person may survive a car accident and learn two weeks later that they sustained a concussion. The statute of limitations would begin on the day they discovered their injury. This is not possible in wrongful death claims, so you must file two years from the date of the death.
The above are just two of the main differences in wrongful death and personal injury claims. A wrongful death lawyer in Riverside can advise on all the differences and help you throughout the process.
Survival ClaimsA wrongful death case is intended to compensate surviving loved ones for their losses associated with the death, such as funeral and burial expenses. A survival claim, on the other hand, is intended to compensate the deceased’s estate for any losses the person sustained prior to their death. For example, if the deceased was killed in a car accident, but they lived for one week before succumbing to their injuries, a survival claim could help compensate for their lost income, medical expenses, and other losses during that time.
Just as only certain people can file a wrongful death claim, only certain individuals are eligible to file a survival claim, too. Only people with an interest in the deceased’s estate can file a survival claim.
Call Our Wrongful Death Attorney in Riverside for Sound Legal AdviceLosing a loved one is never easy, and you will likely face some challenges when filing your claim. At Brod Law Firm, our Riverside wrongful death attorney knows how to overcome those challenges so you recover the full damages you and your family deserve. Call us today at (800) 427-7020 or contact us online to schedule a free case review.