There is no such thing as a “simple” wrongful death case. When a person loses their family member suddenly, and due to a preventable act, it can feel impossible to move on. One way that some people can do so is to hold the at-fault party responsible via a personal injury case. However, many people have a mistaken idea of what a wrongful death case really is.
If you would like to learn more and get a free legal consultation from an attorney, contact The Law Offices of Larry H. Parker at 800-333-0000 right away. In the meantime, keep reading to find out what “facts” you know are true and which are actually fiction.
Fact or Fiction: Criminal Charges Do Not Have to Be Filed to Win a Personal Injury Case
Fact. The person you are trying to hold responsible for the death of your one does not have to be convicted of their death – in fact, they do not even need to be arrested for it. While it is true that if they are convicted in a criminal court it may be easier to win a personal injury lawsuit, it is not necessary. Criminal courts have a much higher burden of proof than civil courts.
Fact or Fiction: The Statute of Limitations on Wrongful Death Cases is Always Two Years
Fiction. However, it is close to the truth – most wrongful death claims filed in California are subject to a two-year statute of limitations. That said, it could be shorter or longer, depending on the case. For example, a medical malpractice case in California can be filed up to three years after the issue became known.
Fact or Fiction: Only Family Members Can File Wrongful Death Claims
Fiction. While it is often true that a deceased person’s family members are the only ones who can file a wrongful death claim, in some cases other financially dependent people can file a claim, such as a stepson orstepdaughter who were supported by their loved one. In other cases, it could be that there are no surviving relatives, in which case whomever is entitled to the deceased’s estate may be able to file a wrongful death lawsuit regardless of their relationship with the deceased.
Fact or Fiction: Wrongful Death Always Involves an Intentional Act
Fiction. It is not unusual for a wrongful death claim to come from accident injuries including car accidents and falls. The at-fault party does not have to have acted intentionally – you must only prove that their actions (or lack of action) caused the death of the person you are filing on behalf of.
If you have other questions about wrongful death cases and your rights then we urge you to contact The Law Offices of Larry H. Parker at 800-333-0000 for a free legal consultation.
