Have you recently lost a cherished family member? Was their death caused by the negligent, reckless, or malicious actions of another? If so, you may have grounds for legal action against the at-fault party.
An experienced and compassionate Marysville wrongful death lawyer at Triumph Law can help your family get through this difficult time. Our firm will thoroughly investigate your loved one’s death, identify the liable party, and stop at nothing to ensure justice is served. Your family member deserves nothing less.
Working with a knowledgeable Marysville personal injury attorney may be the best way to hold the liable party accountable. Criminal charges may or may not apply. Schedule a free and confidential consultation today to learn more about how wrongful death claims work in California and what to expect from your case.
What It Means to File a Wrongful Death Lawsuit in Marysville
Pursuing a wrongful death lawsuit is similar to filing a personal injury claim. These are not criminal charges that are being filed against the liable party. Instead, your family is taking legal action against the individual or entity responsible for causing your family member’s death.
As such, the at-fault party will be expected to compensate your family if they are found liable for your loved one’s passing. Although there is no amount of money that will make up for or change what your family is going through, getting the financial support you need may be the best way to get justice for your deceased relative. With help from a wrongful death lawyer in Marysville, CA, you can do your part to make the liable party pay.
You can think of a wrongful death lawsuit as a personal injury claim filed by the decedent’s surviving family members. While the deceased may not be able to fight for their rights, their surviving loved ones can. You can connect with our legal team to learn more about whether you have grounds for a wrongful death action.
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What Makes Wrongful Death Claims Different from Criminal Charges
There are many differences between criminal cases and wrongful death lawsuits. Defendants can be held accountable in both criminal and civil court. However, we will not know whether the individual or entity responsible for causing your loved one’s death will face criminal charges until we have reviewed the specific details of your case.
In criminal court, the prosecutor will file formal charges against the defendant, seeking criminal penalties such as incarceration or fines. When you file a wrongful death action, your attorney files the lawsuit and seeks compensation for the various ways your life and the decedent’s life were affected by the defendant’s actions. While guilt must be proven beyond a reasonable doubt in criminal cases, we need to prove liability based on a preponderance of the evidence in a civil claim.
The burden of proof is not as strict in wrongful death lawsuits. You do not need to wait to get started on your civil claim. Even if criminal charges are filed, you can work on building a case against the liable party so they can be held accountable to the fullest extent of the law.
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Types of Events Causing Wrongful Death
Nearly any type of incident has the potential to cause fatal injuries. However, our clients have lost loved ones and certain types of accidents more frequently than others. Some of the most common types of events known for resulting in wrongful death include:
- Motorcycle accidents
- Swimming pool accidents and drownings
- Construction accidents
- Car accidents
- Pedestrian accidents
- Slip and fall accidents
- Commercial truck accidents
- Medical malpractice
- Assault and battery
- Homicide and manslaughter
- Rideshare accidents
- Nursing home abuse
- Product defects
It does not matter if the defendant intentionally or accidentally caused your loved one’s death. The fact remains that it is their actions that caused your family member’s passing. If it had not been for the defendant, your loved one may very well still be alive today.
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Important CA Wrongful Death Laws You Need to Know
As you get ready to move forward with your wrongful death lawsuit, it is important to understand which laws could have the most significant impact on your case. Your wrongful death attorney will ensure you know how these laws work and take steps to reduce any adverse consequences where possible. Here are some of the most notable California wrongful death laws you should be aware of:
The Statute of Limitations for Marysville Wrongful Death Claims
According to a California Civil Procedure Code §335.1, the statute of limitations for wrongful death lawsuits is capped at two years from the decedent’s death. This means you only have a maximum of two years from the date of your loved one’s death to file your claim. If your lawsuit is not filed within the court system by this deadline, you will no longer have the right to have your case heard by a judge or jury.
Only Specific Parties Can File a Claim
Before you can get started on your wrongful death claim, you need to be sure that you have the right to file the lawsuit. Wrongful death laws in California are strict. Only specific parties can file the claim, including:
- Your loved one’s surviving a domestic partner or spouse
- Your loved one’s surviving children
- Your loved one’s grandchildren
However, suppose the decedent does not have any of the previously mentioned surviving family members. In that case, anyone who was entitled to the decedent’s property or assets through interstate secession can file a claim according to the California Civil Procedure Code §377.60, which could include the decedent’s surviving siblings or parents.
Additionally, anyone who is financially dependent on the deceased could also file a wrongful death claim if the decedent does not have any surviving grandchildren, children, spouse, or domestic partner. You can find out whether you have the authority to file a wrongful death claim by discussing the specific details of your case with your Marysville wrongful death lawyer.
Reach Out to a Wrongful Death Attorney in Marysville, CA for Help Today
Pursuing a wrongful death lawsuit does not need to be intimidating. You do not need to go through the claims process alone when you have a powerful Marysville wrongful death attorney on your side. Triumph Law has extensive experience advocating for the rights of surviving family members.
We can help you demand justice for your loved one’s passing. Are you ready to demand justice? Complete our secured contact form or call our office to schedule your no-cost, risk-free consultation today.