When to File a Wrongful Death Lawsuit




The death of a loved one is one of the most difficult experiences you can go through. It is especially difficult if the death was unexpected and resulted from an accident or violence. Despite your grief, you must deal with immediate practicalities such as funeral arrangements and medical bills. If you depended on your loved one’s income the household expenses could become overwhelming. You may want to consider filing a wrongful death lawsuit with the lawyers at Howard Blau Law.

A wrongful death is when a person dies or is killed as the result of someone else’s negligence or intentional misconduct. Examples include deaths caused by vehicular accidents; unsafe or defective products; medical malpractice by a doctor or hospital; unsafely maintained roads, buildings, or properties; and intentional violence such as physical abuse or murder.

A wrongful death lawsuit is a civil suit brought by the decedent’s close family members (plaintiffs) against the person(s) who caused the death (defendants). The purpose of the suit is to make the defendants pay monetary compensation (damages) to the plaintiffs for their loss of the decedent.

In California, all aspects of a wrongful death action are governed by statute. Therefore, the first thing you should do is consult an attorney who will tell you if you have a valid wrongful death claim, how soon you need to file it, what documentation you’ll need to gather, and what you can expect in terms of the litigation process.

The decision to file a wrongful death lawsuit is a serious one, not to be made lightly. When considering a lawyer you should ask for referrals from people you trust and verify that your lawyer has a track record of success. Look on your potential attorney’s website for a testimonial page like this one: https://howardblaulaw.com/testimonials/

To win your suit you must prove by a preponderance of the evidence that the defendants did indeed cause your loved one’s death. (A preponderance of the evidence means that at least 51 percent of the evidence supports your claim.) A competent attorney can help you make a realistic decision.

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