Hemet Wrongful Death Attorney
Superior Wrongful Death Attorneys Serving the Greater Hemet Area
There’s no easy way to handle the unexpected death of a loved one. The grief and pain can be overwhelming. Adding financial difficulties to the mix makes it even worse. Dealing with a lost family member’s expenses can be an unexpected challenge.
Anyone that was dependent on your lost loved one may suddenly find themselves in dire financial straits. The settlement received in a successful wrongful death claim can go a long way in easing some of the financial burdens.
We know taking legal action may be the last thing on the minds of those who have lost a loved one. However, there is a time limit for filing a wrongful death claim. The legal term for that time limit is the statute of limitations. In California, that time limit is two years.
It’s imperative that you take action in time. Contact a Hemet wrongful death attorney to take care of all the issues while you focus on getting through this tough time. At Banner Attorneys, we are committed to ensuring that you get the compensation you richly deserve.
What is Wrongful Death in Hemet?
Wrongful death occurs when a person’s reckless, negligent, or deliberate act results in a fatality. Negligence refers to a person’s failure to behave the way a reasonably prudent person would have acted in a similar situation.
In Hemet, wrongful death claims arise when an individual passes away due to the misconduct or negligence of another. They’re civil lawsuits. The law permits the decedent’s family members to file a wrongful death claim seeking a monetary settlement.
The purpose of a wrongful death claim is to provide compensation for family members who relied on the deceased for financial and emotional support. To be successful in this suit, your wrongful death attorney must prove that the defendant owed the deceased a duty of care.
They must prove that the defendant breached that duty and it resulted in the injury or death of the deceased. Additionally, your personal injury attorney must prove that you suffered damages due to the death. Some of the common causes of wrongful death include:
- Medical malpractice
- Truck accidents
- Workplace accidents
- Birth injuries
Who May Sue for Wrongful Death?
Only a representative of the decedent’s survivors can file a wrongful death claim on their behalf. The representative is typically the executor of the deceased’s estate. The claimants must prove their relation to the deceased by legal documents. No need to worry though, it’s a fairly straightforward process. The people that may sue for wrongful death in Hemet include:
- the deceased’s surviving children
- the deceased’s surviving spouse or domestic partner
It may happen that the deceased has no surviving person in their line of descent. In such cases, anyone who is entitled to the deceased’s property intestate succession may sue. This could be the decedent’s parents or siblings.
Additionally, the following people may also bring a wrongful death claim if they can prove that they were financially dependent on the decedent:
- the deceased’s parents
- the deceased’s putative spouse and children of the putative spouse
- the deceased’s stepchildren
Wrongful Death Compensation
In Hemet wrongful death claims, family members of the deceased can recover both economic and non-economic damages. These damages usually fall into two categories, which are principally defined by two different time periods.
The first category allows surviving family members to recover damages experienced by the deceased from the time of the negligent act until the time of death. This generally occurs if the deceased was hospitalized after the negligent act before eventually passing away.
The second category covers those damages experienced by the next of kin after the decedent’s death. These damages are compensation for the financial losses of the family members. Their purpose is to replace the value of money the decedent would have earned if not for the untimely death.
Contact a Hemet Wrongful Death Attorney Right Away
We know that no amount of money could ever make up for the loss of a loved one. However, it can help ease the financial burden left behind by the death of a loved one. Contact a Hemet wrongful death attorney to assist you in this tough time.