A wrongful death lawsuit is one of the hardest cases to bring. The level of grief that families are feeling often makes it difficult to function no matter how bad their financial situation is as a result of losing their loved one. As difficult as it is to keep going, the statute of limitation requires you to take action sooner rather than later. When someone else is to blame for your loved one’s death, you can file a wrongful death action to seek full and fair legal compensation with the right El Monte wrongful death attorney on your side.
Standing to File a Wrongful Death Claim
The first consideration in an El Monte wrongful death case is who may file the claim. In California, all claimants must file their case in a single lawsuit. Any heir who files the lawsuit has the duty to include all other known heirs in the case. If you are included in the same lawsuit as another family member, there is nothing that says that you have to be represented by the same lawyer.
Wrongful death claims could arise from any personal injury situation. It is essentially the same as any other personal injury case with the added elements of a death and slightly different laws and requirements under state law.
How to Prove Your Wrongful Death Claim
In any wrongful death case, the requirement is that you show that someone else was negligent, and it caused your loved one’s death. This would mean that you prove the following four elements:
- Duty of care
- Breach of the duty
- The breach of duty caused injuries that led to the death
- You experienced losses that led to the death
Know that there are two different kinds of lawsuits that you could bring after a wrongful death:
- A survival action for what your loved one experienced and lost from their injury before the time of death
- A wrongful death claim that seeks compensation for the family’s losses now that they no longer have their loved one
Families only have one chance to bring a wrongful death claim and recover for the damages that they have suffered. It is vital that they have strong legal representation during this case. We understand that families are grief-stricken and panicked when they have lost a major pillar of support, both physically and financially. Therefore you should leave the details to us. We will advise you of your legal options and help you plot a strategy as you seek to recover.
The key to a wrongful death lawsuit is having an attorney who is sensitive to your needs and situation while they stand up and fight for your rights. We are compassionate lawyers who also know where to draw a line on your behalf.
Hire an El Monte Wrongful Death Attorney
To explore your legal rights in a possible wrongful death lawsuit, contact the The JLF Firm online or call us at (323) 746-1965. We will learn more about your case in an initial consultation and let you know what you can do to get justice.
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