Wednesday, March 12, 2014

Wrongful Death: What the Surviving Family Members of the Deceased Victims Should Know

wrongful death

The aftermath of a road crash, a slip and fall inside a private property, or just any other accident in Orange County can help determine the mildness or severity of the injuries sustained by the persons involved in such incidents. Depending on how impactful these accidents are, the chances of survival could be slim; there are those who die of fatal injuries, but there are also others who manage to hang on, albeit altered physically due to the resulting permanent disabilities. Both circumstances are already devastating, but it is even more so if the injuries caused the victims’ death.

When a person dies in an accident, the surviving members of the family would feel nothing but sorrow. Apart from emotions running high, they would be feeling confused, especially if they are dependent on their deceased loved one financially. The repercussions of a person’s death can really have an effect on the surviving family members; however, they shouldn’t stop there. Car crashes and all other personal injury accidents result from negligence or the failure of another person or entity to exercise reasonable care. If the circumstances of the accident involve this legal theory, then they are entitled to seek damages from the ones responsible for the accident through legal action. But since this is a legal matter that could take months or even years to settle, it is important for the family of the deceased to hire an attorney with years of experience in wrongful death in Orange County.

Basically, the families or anyone else who is eligible to take legal action against the liable party after their loved one’s death after a personal injury accident can avail of the services of a wrongful death lawyer in Orange County who can help them throughout the rather tumultuous process. But first, they must be aware of the statutes of limitations set by the California state government with regard to filing lawsuits of this kind. Under state law, families whose loved ones died in personal injury accidents must be able to file a lawsuit against the liable party within 2 years of the event. This lawsuit may stem from any event, like auto accidents, defective product mishaps, and premises accidents. However, if the accident was due to the negligence of a medical professional or institution (also called medical malpractice), the lawsuit must be brought up within 3 years from the date the victim died. If, for example, a car crash happened between an automobile and a government-owned vehicle and that the latter is deemed negligent for what happened, a lawsuit must be filed within 6 months from the date of the person’s death.

This is why it is important for the family of the deceased to follow these time limits in order for them to have a great chance of securing compensation from the liable party. With the help of an specialized attorneys, they may be able to recover damages for their funeral and burial expenses, any medical bills left unpaid, lost income and earning capacity, and, more importantly, emotional damages brought about by their loved one’s death.

No comments:

Post a Comment