According to the California Code of Civil Procedure (CCP) §377.60, wrongful death cases stem from wrongful acts or negligence. To file a wrongful death claim in Los Angeles, you need evidence that is able to prove negligence or intentional wrongful acts.
That evidence can take almost any form as long as it can effectively demonstrate what happened. Your lawyer handles the process of collecting evidence while building your case. They look for a variety of evidence types from different sources that are available.
Criteria for Wrongful Death
Wrongful death cases must meet certain criteria before they can be classified as wrongful death cases. There must be an element of negligence or intentional bad acts that lead to the death of your loved one. There must also be loved ones with the standing to file a lawsuit. This means that they fit all of the legal requirements for taking legal action, as well as have suffered damages because of the death.
Statute of Limitations
According to the CCP §335.1, you have two years from the date of the accident to file a wrongful death claim in California. This is the total amount of time that you have to file your case, or otherwise, you will not be able to file legal action at all.
If you have any questions about how the statute of limitations will impact your case, you can discuss your potential case and any questions that you have about the legal process with a wrongful death law firm. If you do not file by the deadline, your case may be dropped, and you will miss your opportunity to collect compensation for your expenses.
Filing a Lawsuit
It is possible to file a wrongful death lawsuit using the same process as other civil lawsuits. You have to file the lawsuit with the court in a specific period of time called the statute of limitations. Once it is filed, you take your case to trial. Alternatively, you could negotiate a settlement agreement with the other party to end your case without a trial.
There are many types of cases that can involve wrongful deaths. These cases include car accidents involving negligence, medical malpractice cases, and product malfunctions, to name a few options. As long as there is negligence, like in the case of a drunk driving accident or intentional bad acts, you may be able to file a lawsuit for wrongful death.
If your loved one dies because of someone else’s actions, you can take legal action. Your legal option is to file a civil lawsuit against that person for wrongful death. This entitles you to financial compensation for your loved one’s medical expenses and possibly other expenses related to their death. It is not uncommon for victims’ families to file lawsuits to help with the financial burden of losing a loved one. It can have a drastic effect on the family’s income, as well as have a drastic emotional and mental impact.
The cost of recovery can be expensive, especially if there are medical bills and additional final costs. You can take similar action, which will help you handle your expenses during your grief so you can get your life back on track. Being able to collect any amount of compensation can make a big difference in how quickly your finances recover. The medical bills alone can be enough to hurt your finances for years.
Reasons to Hire a Lawyer
If you are trying to recover from a wrongful death in your family, then it may be in your best interest to hire a lawyer. Dealing with the death of a loved one can be difficult. The emotional strain that it causes can make it difficult to manage a case effectively and objectively.
Hiring a lawyer to represent you can stop you from making highly emotional decisions that could derail your case. Plus, a lawyer can manage your case with limited input from you. This means that you can focus on getting your life back on track while still being able to take legal action.
Call to Schedule a Free Consultation
To win a wrongful death case, you need to know what evidence you need to file a wrongful death claim in Los Angeles. Unfortunately, the specific evidence will vary based on the specifics of your case. The evidence that you need focuses on negligence or intentional bad actions. If you can find that evidence, then you can have a stronger case.
To get a clearer idea of what you will need to collect to prove your case in open court, contact Pintas & Mullins Law Firm at (800) 223-5115. You can speak with a member of our team, learn more about the legal process, and find out how we can support your legal efforts during this difficult time in your life when it may seem that all is lost.