In the past, when someone died due to the negligence or irresponsibility of another person, there could be no legal action taken by the family, because the tort could only be brought before the court by the injured person, but since the injured person had ultimately passed away, their claim died with them. Fortunately, every state now has a wrongful death statute so that family members and heirs can seek damages for the wrongful death of a loved one.
In California, the relatives, spouse, or descendants of the deceased person, known as the “decedent,” have two years with which to file a wrongful death claim. The attorneys at Halpern & Associates in Los Angeles can help you navigate the legal process of your case, and answer any questions you may have. In proving negligence in your case, it must be proven that the responsible party had a duty of “due care” to the decedent, and that they failed to fulfill that duty, leading to the person’s death. It must also be proven that there are damages to be recovered, such as funeral and burial costs, as well as loss of income.
If you’ve lost a loved one recently, and feel that they died because of another person’s negligence, please contact us right away. As a wrongful death attorney, we can handle your case with care and compassion and help you understand everything that comes with filing a suit in the California court system. We will meet with you and discuss your options, and hopefully provide you and your family with peace of mind.