Wrongful Death Lawyers Representing Victims of Fatal Injuries

The basics of wrongful death lawsuits

An untimely and accidental death is one of the most jarring things that can happen to a family. It can leave mental, emotional and financial scars that can take years to heal, if ever. When it can be shown that the death was caused due to the negligent actions of another party, then surviving heirs may have recourse to seek compensation for the loss of their loved one.

Under California law, each heir to a deceased person may bring their own wrongful death suit to recover monetary damages for the loss they suffered. This applies directly to a surviving spouse and children, however, in some instances, other parties may be entitled to file a suit as well. It’s best to consult a wrongful death attorney for clarification and see if your particular case meets the necessary tests.

As attorneys with significant experience in this field of law, we know that wrongful death cases can take significant amounts of time to resolve. In recent years, we have also seen that the burden of proof has become more complicated as well. This shift has been in an attempt to cut down on lawsuits that have been filed and have no merit.

From our experience, we also know that a plaintiff must pay attention to the statute of limitations for filing a wrongful death lawsuit as well. Depending on the circumstances, the statute of limitations will vary from case to case.

In most situations, the statute of limitations is within two years after the initial injury or death takes place.

  • In cases involving medical malpractice, the statute of limitations is three years from the date of the initial injury or death or one year after the plaintiff discovers that the malpractice caused the death.
  • In cases involving liability on the part of the government, such as if there is an accident with a government vehicle or medical malpractice that takes place at a county or state hospital, then the statute of limitations is six months.

Due to the complex nature of wrongful death suits, the best course of action is to contact an experienced attorney as soon as possible to assist you with compliance in meeting a multitude of procedures and rules.

Michael P. Rubin & Associates serves clients in Tarzana, Reseda, Sherman Oaks, Encino, Studio City, Woodland Hills, West Hills, North Hollywood, Glendale, Burbank and surrounding California communities.

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