What is wrongful death?
Death can be a hard subject to talk about. It’s a sensitive topic that may hold a lot of weight. Eldessouky Law’s Personal Injury attorneys understand this, and want to take on your wrongful death case with care and professionalism. Our firm empathizes with victims of wrongful deaths and their families. Let us help you in a lawsuit against those that have brought you so much pain and suffering. Call our office at 714-409-8991 for a free consultation so that you can seek redemption for someone who’s life was taken too soon.
A wrongful death lawsuit is brought about when someone was killed due to someone else’s negligence. This is a civil lawsuit that can only be brought to court by survivors of the deceased or a personal representative of the deceased person’s estate. Wrongful death cases are different than homicide or other criminal cases because if won, the court orders the defendant to pay the survivors. The statute of limitations for a wrongful death case in California is two years. If you are related to someone who was killed due to someone else’s negligence, you will want to speak with one of our wrongful death attorneys in Downey, in order to get started on your case before the statute of limitations runs up.
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Who can claim wrongful death on someone’s behalf?
California Code of Civil Conduct specifies that only the following individuals can file a claim for wrongful death:
- A surviving spouse
- Domestic partner
- Surviving children
- If there is no surviving person, then anyone who would be entitled to the property of the decedent by intestate succession, such as a parent or sibling
- If they are financially dependent on the deceased: putative spouse and children of putative spouse, stepchildren, and parents.
Who can be held liable in a wrongful death claim?
There are different kinds of wrongful death claims; a few examples can come from medical malpractice, car accidents, or when a victim is intentionally killed. In the case of a medical malpractice, the doctor may be held liable for failing to diagnose a condition or being careless in the care provided. In a car accident that is fatal, the driver can be held liable for being negligent. Eldessouky Law has worked with cases like this, as well as many more wrongful death cases. Our attorneys have years of experience in the field and will help you file a lawsuit against someone that has caused a wrongful death.
Don’t let your incident result in a small settlement. Call our personal injury attorneys in Downey for more assistance and we will work around the clock to bring you the maximum settlement available under the law.
How can I know if I have a wrongful-death claim?
There a few factors in your wrongful death case that will help determine how strong it is. Our wrongful death attorneys in Downey will help you determine how your individual situation applies to these different factors. For someone’s negligence causing a wrongful death, it must be proven that the defendant owed a duty of care to the deceased, that duty of care was breached, the death was a result of this breach, and that damages that are being asked for in recovery were suffered. So if you seek monetary compensation for a relative’s wrongful death, you must be able to prove that your family member’s death directly affected you monetarily. Working with one of our wrongful death lawyers is your best bet at proving the necessarily elements and receiving maximum compensation. A successful lawsuit will be able to recover compensatory damages for you. This may include, funeral and burial expenses, medical and hospital bills, lost income and potential lost income, and remedies for the value of household services, and the loss of companionship and other emotional support that you would have otherwise received from the deceased.
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How does Eldessouky Law make a difference?
Unlike other law firms, our lawyers are dedicated to helping you and learning about your individual story. We believe in the power of lawsuits and the way in which they can provide emotional and financial redemption for those that are suffering. Our personalized approach to each case means we our lawyers will look at all the details and evidence there is in order to build the strongest case for you. If this is the type of partnership you want in a lawsuit, then should call for your free consultation. We also offer a zero fee guarantee which means that we do not charge any upfront fees to take on your case. You will be represented by a skilled lawyer free of charge. We only ask for a small fee if your case is won. If you are feeling the negative effects from the death of a loved one, it’s time to take down unlawful individuals and sue them for wrongful death.