subject: Wrongful Death Conditions and Remedies [print this page] Wrongful Death Conditions and Remedies Wrongful Death Conditions and Remedies
Defining Wrongful Death
Wrongful death is the loss of a person's life due to a party's negligence or carelessness. To site one general example, a raging bus rear-ended a car killing all its four passengers. In this case, the surviving family of the victims may file their wrongful death lawsuit against the bus driver and demand for suitable damages.
Primarily, this type of civil case does not involve penalties that are given to criminals but rather lets the bereaved parties to recompense for the loss of their loved one. Side from this, the victim's family may be eligible for making recoveries for the following:
pain and suffering,
emotional distress,
financial losses,
lost wages,
cost of medical treatments,
burial costs,
loss of companionship, and
other losses brought about by the victim's untimely death
Determining Eligibility in Filing a Wrongful Death Action
Generally, the immediate family or close relatives of the departed may file a wrongful death claim according to the law. However, if the claimant happens to be the victim's child who is still a minor, he must be guided or represented accordingly by his legal guardian before he may proceed in filing his claim. Other dependents may also file their petitions as provided for under the law.
How to File a Wrongful Death Claim
The first thing that should be accomplished before formally filing a wrongful death lawsuit is to have a consultation with a credible attorney. He will properly answer all questions and impart his assistance in bringing the case in court. Then, he will make sure that all the necessary documents and evidences are already available and fully accomplished. More so, a legal counsel may also ease the claimant's burden and enhance the merits of the case that a person who is still undergoing grief cannot do.
When to Make the Legal Action
Typically, a wrongful death claim should be filed as soon as possible since this particular legal case is covered by the statutes of limitations. This law provision sets the period in which the plaintiffs may only file their claims. In most of the states in the U.S., the families of the victims are only given one to three years to proceed to their actions depending on the state where the incident happen. Hence, if they failed to pursue any legal dealings before the period elapse, they will no longer be allowed to file their wrongful death claims.
For more information contact Mesriani Law Group at 310-826-6300 or visit the main office at 12400 Wilshire Blvd. Suite 810 Los Angeles CA.
