If you’ve lost a close family member in a catastrophic accident and you believe that someone else’s negligence was responsible, reach out to a wrongful death attorney in Escondido to hold the at-fault parties accountable.
The grief can feel like a weight on your chest, and it’s common that a family member’s death will come with funeral expenses and a loss of income. The healing process can seem impossible when someone else was responsible for the death and they aren’t being held accountable.
At The Kindley Firm, APC, our goal is to help grieving family members seek justice for their deceased loved ones by filing a wrongful death claim. Your Escondido wrongful death lawyer can determine who’s at fault for the accident and help your family obtain compensation for the suffering you’ve experienced.
The state of California only allows close relatives of the deceased to file wrongful death claims. By keeping restrictions on who can file, the wrongful death claims process is simplified and avoids distance relatives and friends or disingenuous people from trying to seek financial benefits from the death.
Although it’s still possible that close relatives will abuse the system, keeping strict qualifications in place makes it less likely. The relatives who can file wrongful death claims on behalf of their deceased family members include the following:
One important part of California law for all family members to be aware of is the statute of limitations on wrongful death claims. Family members have a time limit of two years after the death to file a claim before the statute of limitations expires. After the two-year limit, the claim won’t be heard in court and no compensation can be won.
When trying to determine whether you have a case for wrongful death, it’ll come down to whether the liable party showed negligence in their actions. Wrongful death cases can happen from various fatal accidents, but usually, the accidents that result in wrongful death include car accidents, work-related accidents, and product defect accidents.
Your wrongful death attorney will use all of the evidence in your loved one’s case, which can include police reports, medical records, and witness testimonies, to determine how the accident happened, who caused the accident, and whether the at-fault party was negligent. Once negligence is determined, your settlement can be maximized by calculating all of the damages your family has acquired.
Grieving the loss of a loved one takes time, and filing a claim won’t mend the situation. However, knowing justice has been served can bring your family some closure as you try to heal from this traumatic incident and move forward with your life. At The Kindley Firm, APC, our hope is that you can walk away from the situation with less financial stress and more time to focus on the ones you love.
If you’re ready to speak with an Escondido wrongful death lawyer about your deceased family member’s case, you can schedule a free consultation by calling 619-550-1313 or by filling out the contact form below