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Wrongful Death Cases in California

By Kelly Balamuth on September 26, 2012

Berkeley Fatal Accident CompensationLosing someone you love will always be one of the most difficult and heartbreaking things a family will experience, but when the loss is sudden and unexpected, feelings of sadness and grief may be coupled with confusion as those left behind wonder why the accident occurred at all and if it was preventable. If loved ones feel the death of their family member was caused by the negligence of another party, California law allows family members to pursue legal action against those who may be at fault, and this is known as a wrongful death case.

Wrongful death cases are appropriate when a person dies due to the intentional or negligent act of another person or entity.

A wrongful death case can take many forms, but regardless of the cause of your loved one’s death, California law enables a surviving spouse, domestic partner, or children of the decedent to file a wrongful death claim. In addition, if parents or stepchildren were financially dependent on the decedent before the time of his or her passing, they may be able to bring a claim as well.

State law does, however, dictate how long a party has to file a claim, which is referred to as a statute of limitations. The general statute of limitations in CA is two years from the date of the death, but it can vary depending on the nature of the action and the status of the plaintiff and the dependants. It is very important to confer with a knowledgeable attorney about the statute of limitations because if you miss it, you can lose your rights to pursue a case.

Compensation in a wrongful death case can be awarded to pay for a number of things to help a family in the days and weeks following the death, including funeral and burial expenses, loss of love and companionship, and the financial support the person would have provided if he or she was not a victim of a wrongful death accident.

The unexpected loss of a person you love is an exceptionally difficult thing to experience, and coping with daily life without that person will be one of the many challenges you may face in the days following the death. The Oakland accident attorneys of Balamuth law understand how devastating it is to lose someone unexpectedly, and know that compensation can help you and your family move forward as you confront new challenges. To see how we can help you during this difficult time, please call (888) 254-1234.

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Attorney Kelly Balamuth was profiled in the
September 2013 Issue of Plaintiff Magazine.

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