Indio Wrongful Death Attorney
Negligent or reckless acts that result in the untimely death of another makes the loss somehow worse since it could have been avoided. It may be possible to hold that person responsible for the death by filing a wrongful death lawsuit. Whether the death resulted from a distracted or drunk driver, construction accident, physician’s error, dangerously defective product, unsafe home or business premises or even an intention act, California law allows spouses, children, parents and sometimes other relatives to seek legal action.
We all understand that no amount of money can ever replace the loss of a loved one, but it can ease the financial burden after a loss and will allow the family to feel more at peace when the responsible person is held accountable for their actions.
Filing A Wrongful Death Claim in Indio, CA
When a family member dies as a result of someone else’s carelessness or negligence, you will need the advice of a trained wrongful death attorney to guide you through the specific details of your case. A time of mourning can be confusing on its own and the details involved in filing a civil action can add to stress and feeling of loss.
Since any wrongful death lawsuit is filed as a civil action as opposed to a criminal case, the burden of proof for people claiming a wrongful death is a preponderance of the evidence as opposed to beyond a reasonable doubt in a criminal case. A preponderance of evidence means that the claim is more likely true than not true. It is not as strenuous of a burden of proof as in a criminal case. If found guilty in a civil case, the defendant in the case will be held responsible through monetary punishment as opposed to jail time.
People Who Can Bring The Case
California law allows only certain family members to file a claim. If the deceased is an adult, proper parties are restricted to a surviving spouse or domestic partner. If there is no surviving spouse, the lawsuit can be filed by the surviving children or other dependents, including step-children. If the deceased is a child, the lawsuit can be brought by the surviving parents or grandparents if the parents did not survive the child. Special circumstances may allow for other relatives or beneficiaries to file the lawsuit. A wrongful death attorney can help you determine who should file the lawsuit.
In addition to the emotional toll an untimely death takes on the surviving family, it can come with many financial burdens attached. When negligence or intentional wrongdoing leads to the death of a person, certain heirs can recover damages that have or will occur as a result of the untimely death. These damages are separate from the decedent’s estate and come in the form of economic and non-economic payments.
Economic damages may include funeral and burial expenses or even the loss of financial support to be received during the decedent’s lifetime. Non-economic damages might include the reasonable value of household services the decedent would have provided and the loss of spousal companionship, suffering and grief experienced by immediate family members or even loss of parental guidance for children. Other damages may also be awarded under special circumstances and your attorney can review your case to determine if you qualify for these.
Timing is key when filing a wrongful death lawsuit as each action involves a different statute of limitations. The general rule under the wrongful death statute of the California law requires a lawsuit to be filed within two years of the deceased person’s death. Hiring an experienced attorney is better done sooner than later to ensure proper filing of paperwork in a timely manner.
The insurance companies typically have a very aggressive team of attorneys on their side of the table. Complex litigation should not be attempted on your own. Duque Law is an experienced, aggressive and successful wrongful death law firm with offices in Indio, California. We’re compassionate, and we’re sensitive to the fact that our clients have suffered an enduring and permanent loss.
At the Law Offices of Brent A. Duque, we maintain a staff of a highly professional, knowledgeable, aggressive and successful wrongful death attorneys who represent injured people through our offices that stretch across Southern California. Time limitations apply to any injury claim you might have, so for purposes of investigating a possible case and possibly preserving evidence, it’s best for you to contact us immediately after a wrongful death.
Contact our Riverside County Personal Injury Attorney at 1-877-241-9554 to learn more about your legal options. A free consultation is just a phone call away. You can even use our online contact form, and we’ll reply to you quickly.