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San Diego Personal Injury Lawyers Association shares tips on filing claims for wrongful death
Wrongful death can be excruciating for the family of the victim. Its impact will also be beyond emotional, especially if the family member is the household head and breadwinner. The San Diego Personal Injury Lawyers Association (SDPILA) is sharing some valuable information families can use when filing for a wrongful death claim.
But what is wrongful death? SDPILA President Stephen Francis says wrongful death is when a person dies due to the negligence of another person or entity. The entity could be a government institution or a private company. “Wrongful death is entirely different from homicide since wrongful death is more of a civil case than a criminal complaint,” Francis explains.
The SDPILA says the family or relatives of the victim should file the case within two years from the date of death. “Any single day beyond those two years will be a lost cause as it is considered beyond the Statute of Limitation here in San Diego and the rest of the State of California,” says Francis.
According to the SDPILA, the surviving spouse or domestic partner can file the lawsuit. If there is no spouse or partner, then the children can file the case instead. “If there is none, or the family members have perished along with the victim, then anyone in his estate can file the wrongful death case. These people may be his parents or siblings. Other people in his life who have proven financial dependency on the victim can file the case too. These include a putative spouse and their children, and then the victim’s stepchildren,” adds Francis.
The SDPILA has provided pro bono services for some needy families filing a wrongful death claim. The legal services the SDPILA provides are meant to help these families, especially the minor children, get past the traumatic loss and financial burden brought about by the incident.
TheSan Diego Personal Injury Lawyers Association says the claims are usually basedon the following costs and expenses: the medical bills, the funeral, and burialcosts, and the income he could have earned in his lifetime if he did not die.The compensation towards these three items shall be included in the estate ofthe deceased victim. The SDPILA added the family members could also receivetheir compensation.
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7940 Sliverton Ave #101B San Diego, CA 92126
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