Coping with the death of a loved one can be emotionally devastating, especially when the loss occurred as a result of another person’s negligence.
Wrongful death is a term used to describe a death caused by the negligence, recklessness, malpractice or inaction of another person.
A wrongful death can happen in an instant. Examples include, but are not limited to:
- Car accidents – people are killed every year from distracted driving, such as using a cell phone or texting, aggressive motorists, speeding and failure to obey traffic signals
- Truck accidents – large trucks are all over the freeways in Southern California
- Motorcycle injuries – A motorcyclist has virtually no protection if hit
- Drunk driving – too many individuals choose to drive drunk or under the influence of drugs, making a deadly decision in many cases
A wrongful death claim is a lawsuit brought by the surviving family members of the victim. Immediate family members, such as a spouse, children or parents are usually entitled to file a wrongful death claim.
Civil lawsuits allow for the family of a wrongful death victim to be compensated for their individual pain and suffering, funeral costs, lost wages, loss of companionship, medical expenses, and punitive damages.
If you plan on filing a wrongful death lawsuit, do not wait too long. Under California law, an individual has only two years in which to file a lawsuit for their damages resulting from a wrongful death. When the statutory time has passed, that individual can lose his or her right to file.
California Code of Civil Procedure Section 335.1 states, “Within two years: An action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”
Nothing can ever prepare us for the sudden death of a loved one. When that death is caused by someone else’s actions and could have been prevented, it is difficult to understand why this happened.
If you have suffered the wrongful death of a loved one due to an injury resulting from the negligence or misconduct of another person, you should contact the San Bernardino personal injury law offices of Welebir Tierney & Weck immediately.
We understand the hardship that comes with losing a loved one, especially when it is an instance of wrongful death.