A wrongful death case cannot be described as “easy.” It can feel impossible to move on when a family member dies abruptly and due to an avoidable act. One means for some persons to do so is to file a personal injury lawsuit against the at-fault party. Many people, however, have a misunderstanding of what a wrongful death case involves.
Contact The Law Offices of Larry H. Parker at 800-333-0000 right immediately to learn more and receive a free legal consultation from an attorney. Meanwhile, keep reading to find out which “facts” you believe are genuine and which are false.
Fact or Fiction: It is not necessary to file criminal charges in order to win a personal injury case
Fact. The person you’re trying to hold accountable for your loved one’s death doesn’t have to be found guilty – in fact, they don’t even have to be arrested. While it is true that a criminal conviction may make it easier to win a personal injury case, it is not required. The burden of proof in criminal courts is substantially higher than in civil courts.
Fact or Fiction: In wrongful death cases, the statute of limitations is always two years
Fiction. In California, most wrongful death lawsuits have a two-year statute of limitations. However, depending on the circumstances, it could be shorter or longer. In California, for example, a medical malpractice complaint can be filed up to three years after the problem was discovered.
Fact or Fiction: Only family members can file wrongful death claims
Fiction. While it is generally the case that a deceased person’s family members are the only ones who can submit a wrongful death claim, other financially dependent people, such as a stepson or stepdaughter who was supported by their loved one, can also file a claim. In some situations, there may be no living relatives, in which case whoever is entitled to the deceased’s estate, regardless of their relationship with the deceased, may be allowed to initiate a wrongful death action.
Fact or Fiction: Wrongful death always involves an intentional act.
Accident injuries, such as automobile accidents and falls, are common causes of wrongful death claims. You just need to show that the at-fault party’s acts (or lack of action) caused the death of the person you’re filing on behalf of.
If you have any additional questions about wrongful death lawsuits or your legal rights, please contact The Law Offices of Larry H. Parker for a free legal consultation at 800-333-0000.