Anaheim Wrongful Death Lawyer
Losing a loved one is always incredibly difficult, but when wrongful circumstances surround the situation, it can be even harder for grieving loved ones to cope. If this sounds like your situation, contact an attorney for help. Our legal team can help your family get justice and financial compensation for the loss of your loved one.
The deceased person’s family or a personal representative appointed in their will may file the lawsuit with help from a lawyer. If no surviving family exists and no personal representative exists, your attorney can ask the court to appoint a personal representative so the case can move forward. Damages may include almost anything that the trier of fact deems fair and just, but only if the damages occurred post-death. Any pre-death damages must be claimed in a survival action.
Ask our wrongful death attorneys for legal help when you call the Law Office of John J. Perlstein at (213) 252-1070.
Who May File a Wrongful Death Lawsuit in Anaheim?
When someone passes away under wrongful circumstances, numerous loved ones might want justice. Only certain family members or a personal representative of the deceased’s estate may actually file the case.
Personal Representative
A personal representative is often someone named in the deceased person’s will and placed in charge of their estate and legal affairs. The personal representative is often a family member or close friend. They might also be the deceased person’s attorney.
In cases where a person dies without a will in place, our wrongful death lawyers can ask the court to appoint someone to the position to file a wrongful death lawsuit.
Surviving Immediate Family Members
In California, the law allows specific family members to initiate a wrongful death lawsuit:
- Spouse
- Domestic partner
- Children
- Grandchildren (if children are deceased)
- Parents or legal guardians (parents usually file in cases where a minor child passes away under wrongful circumstances)
These family members do not have to be named as the personal representative to file a wrongful death lawsuit.
Extended Family Members or Friends
Extended family members, such as grandparents, aunts, uncles, or cousins, are not specifically mentioned by statute and may not automatically be able to file a wrongful death case.
However, when a deceased person has no surviving issue, the persons who would be entitled to the deceased person’s property by intestate succession may file the case. Depending on the situation, this could include extended family members.
Friends unrelated by blood or marriage generally cannot file wrongful death claims, no matter how close they were with the deceased person, unless they are named as the personal representative.
What if You Do Not Know Who the Personal Representative is in a Wrongful Death Case?
If you are ineligible to file a wrongful death case, you may need to reach out to the deceased person’s personal representative. If you do not know who this person is, your attorney can help you figure it out. If you are a relative, we may need to speak to other family members.
If there is no personal representative, you and your attorney can ask the court to appoint one so that your wrongful death case may proceed.
How Long After a Loved One’s Passing Can You Sue for Wrongful Death?
In California, the statute of limitations for wrongful death lawsuits is 2 years. This limitation period begins on the date of the victim’s passing, not necessarily the day they are initially injured. This distinction may be important if a person passes away some time after first being hurt.
What Damages Are Recoverable in a Wrongful Death Lawsuit?
In California, recoverable damages in wrongful death lawsuits are limited only to damages that occur after death. Pre-death damages that the deceased person may have incurred are claimed in a related lawsuit that we can also file, called a “survival action.”
Lost Financial Support
When a loved one dies, you may lose the financial support they provided your household. This can include their income, any expected salary increases they would have achieved, and benefits like health insurance, pension plans, or retirement contributions.
Funeral and Burial Expenses
Death can be incredibly expensive. Funerals can cost thousands of dollars, and cemetery plots can be just as expensive. The cost of a funeral and burial should be included among your damages in a wrongful death lawsuit.
Household Services
You may also claim the value of household services your deceased loved one provided. For example, if they significantly helped with childcare, you can claim the value of their lost childcare services. If they helped with caregiving for an older or ill relative, their caregiving services should be claimed among your damages.
Companionship and Society
Non-economic damages may include the loss of companionship and society. This is often a significant claim in cases where a spouse passes away, as the surviving spouse is left without the intimacy, companionship, affection, and emotional support they once had.
Parental Guidance
When a parent passes away leaving behind minor children, those children may claim the loss of parental guidance and support. Young children rely on their parents for almost everything, and losing a parent can be a massive disruption to a child’s development. The pain of losing a parent deserves substantial compensation.
Can You Sue for Wrongful Death Related to a Violent Crime?
Yes. A wrongful death does not have to be the result of an accident for you to file a lawsuit. If your loved one was the victim of a violent crime and passed away from their injuries, you may sue the perpetrator. However, they will likely face criminal prosecution first, and your civil claims may be on hold until the criminal case is complete.
What Kind of Evidence is Necessary to Prove Fault for a Wrongful Death?
Wrongful death claims are very serious, and we must come prepared with extensive evidence to support your claims.
Medical Records
Your loved one’s medical records regarding their fatal injuries are crucial. These records will help us establish that the injuries caused by the defendant are the cause of death. The defendant may attempt to argue that something else (e.g., a pre-existing condition of the victim) is the real cause of death, but your loved one’s medical records may provide very solid proof to the contrary.
Expert Medical Witness
Medical records are important for your case, but they can be difficult for jurors to fully understand. As such, we will likely need a medical expert to review the records and explain them on the witness stand. Not only that, expert witnesses may offer their opinions about the cause of death and whether the defendant is likely responsible.
Police Reports
While police reports are generally inadmissible as evidence in court because they are considered hearsay evidence, they may still be useful. After a person dies under suspicious or wrongful circumstances, the police may launch a formal investigation and uncover a whole host of evidence. We can review police reports to determine what evidence exists and how to obtain it for your civil lawsuit.
Contact Our Wrongful Death Attorneys in Anaheim About Your Loved One’s Case
Ask our wrongful death attorneys for legal help when you call the Law Office of John J. Perlstein at (213) 252-1070.