Wednesday, August 19, 2015

Negotiating the Tough Cases

No two wrongful death cases have the same sets of circumstances. One case in Los Angeles stemming back from 2011, for example, only had a recent compensation payout due to the complicated facts of the case. These facts include fatal injuries on a boy caused by his mother’s boyfriend, and negligent processing by social workers who were assigned to investigate the mother’s complaints of child abuse before the boy’s death.

When a person dies because of the negligence of another person, you have a wrongful death claim. It is technically a kind of personal injury claim. Aside from the circumstances of the case above, wrongful death can also result from car accidents, product malfunctions, and medical malpractice.

Different states may vary in their laws regarding wrongful death complaints. This is why you’d want a knowledgeable wrongful death lawyer. One of the differences is who can file the case. Cases of wrongful death in Los Angeles are governed by the California Wrongful Death Statute. The statute allows the surviving spouse, domestic partner, surviving children, or parents of the deceased person to file such a claim. 

In these cases, time is also of the essence as filing a claim is also under a limited time. In California, a claim must be filed within two years of the death. Any later than that and the supposed claimant loses the right to file at all.

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