Wrongful Death Attorney Cases Explained
A wrongful death attorney case is one where the decedent has died as a result of the negligence of another party. These cases are brought to recover the economic loss that was sustained because of the death. And the loss of the love and companionship of the decedent. These are often brought by the spouse or the children or the spouse and the children of the decedent. These wrongful death cases are always tragic.
The family member lost a loved one and is going to have to talk about that loss. They will have to talk about the love of the spouse, the love of the child. They will need to talk about those issues to a judge, to a jury, to the opposing attorney. And they have to rip off that scab of that wound and relive the whole thing again.
We Help Our Clients Through the Process
A wrongful death attorney in my office will handle a lot of these cases. We help our clients go through that process. Oftentimes during this process, we help our clients. We do this by helping our clients see grief counselors, psychologists, and psychiatrists. This is to help them to deal with the aftermath of the loss of a loved one.
We are there through this process of the litigation through to the end of the case. With hope, we want to get some closure for the family and the clients. In a civil matter, as well as a criminal matter, there is what is called burdens of proof or standards of proof. In the cases I handled, the civil case, it’s a more likely than not standard so, it’s that little 50 – 51% scale of ratio. If it tips a little bit on your side, then you’ve met your burden of proving your issue.
On the other side, for criminal cases, it’s beyond a reasonable doubt. They have different standards. In my cases, if you get to probable, you’ve pretty much met that standard.
Statute of Limitations and a Wrongful Death Attorney
In my cases, in the civil cases that I’m handling, there’s something called a statute of limitations. The statute of limitations is a period in which you have to bring your case. And when I say bring your case, a lawsuit has to be filed within that time or you lose the case. For example, an automobile collision in California has a two-year statute of limitations. That means if you don’t have your case resolved in two years.
Let’s say you’re still getting medical treatment. Or you’re still going through any of the things that you need to through, whatever they may be. If that two year period comes up, you need to file your lawsuit before that two years lapses. If you don’t, your case is gone.
Medical Malpractice Statute of Limitations is One Year
For a medical malpractice case in the State of California, it’s a one-year statute of limitations. I’ve seen a lot of cases where clients have come to my office and it’s one year and two weeks since the incident. This is unless there is some minor exception that we can argue. If so, then the statute of limitations bars that case.
Wrongful death attorney cases generally have a two-year statute of limitations. That is the same as a car wreck. You have two years to bring that claim. If you don’t bring that claim within two years, you’re barred from bringing the claim. As long as that lawsuit’s filed by that time, you are fine.
