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The Center for Disease Control and Prevention found that there were 130,557 unintentional injury deaths, resulting from unintentional poisonings, car accidents, and falls in 2013. As wrongful death attorneys in Orange County, we often see many different types of claims that have tragically ended with a fatality.
California alone saw 2,715 fatal traffic accidents in 2013, including pedestrian accidents and big rig crashes. Furthermore, there were a total of 396 fatal work injuries in California in the same year.
In many cases, accidents like these call for a wrongful death case in which another party is held responsible. Wrongful death cases are similar to other personal injury suits, though they have a few differences as to who can file the case and what kind of damages you can claim.
Under California wrongful death law, the survivors of a wrongful death victim are entitled to monetary damages as the result of the improper conduct, negligence, recklessness, criminal conduct, or inaction of another.
In California, the relatives who can file a claim include:
As you can see, not just anyone can pursue a wrongful death case. There has to be a significant relationship between the deceased and the claimant. Furthermore, damages in a wrongful death case are different than a regular personal injury claim.
Under the law, an eligible survivor may recover damages for:
Although it’s hard to put a number on the value of a person’s relationship, that’s part of what your attorney’s job is. He or she will help calculate your damages based on financial and personal losses and will strive to acquire the most compensation possible for you.
Most states put a limit on the amount of time you have before you can file a wrongful death claim. This is called the statute of limitations, and in California, it’s two years from the date of death. You must file a wrongful death case in civil court within this time frame, or you may lose your right to make it. Therefore, it’s important to contact an attorney as soon as you are ready.
At DiMarco Araujo Montevideo, we have fought on behalf of our clients in Orange County and all of Southern California since 1979. We approach wrongful death cases with the compassion and tact you deserve, and we understand losing a loved one can be heartbreaking and emotionally exhausting.
You have the right to effective representation and legal action if you lost a loved one due to a negligent or intentional act. Contact us today to see how we can help.