Determining Negligence in Fullerton Wrongful Death Claims

The loss of a loved one is a difficult experience to manage.  Many may need to take care of finances and help other grieving family members while coping with their own grief. CD Law could help you hold liable parties accountable by pursuing civil claims for compensation. The first step in this process is determining negligence.

Learn more about the types of incidents that could result in another party’s liability in a Fullerton wrongful death case by scheduling a free consultation with our compassionate attorneys. We work on a contingency fee basis and only receive payment for our services after recovering compensation for you at trial or in settlement.

What Type of Accident Could Lead to a Wrongful Death Claim?

Negligence is a party’s failure to exercise the level of care that a reasonably prudent person would exercise under similar circumstances. In a Fullerton wrongful death suit, determining negligence requires a review of the events leading up to your loved one’s passing and the parties who were responsible for those events. Examples of incidents that could involve another party’s negligence include:

• Car, truck, and motorcycle wrecks
• Pedestrian and bicycle accidents
• Slip and fall accidents
• Dangerous property conditions
• Other catastrophic events

Wrongful death claims can involve a variety of accidents. Determining which party is liable for the underlying negligence can be difficult. The liable party could be an individual, an employer, a property owner, or a business. Our experienced lawyers could use their knowledge and skill to identify the liable parties and file a claim against them.

Examples of relevant information that could serve as evidence of negligence could include medical examiner reports, surveillance videos, photos, eyewitness testimony, and other items that suggest how the incident occurred.

Pursuing a Wrongful Death Claim Against a Negligent Party

Under California Civil Code Section 377.60, certain surviving family members or the representative of the deceased person’s estate may file a wrongful death claim. Such family members include a surviving spouse or domestic partner, children, grandchildren, or others who would have a right to the deceased person’s estate under California’s intestate succession laws. The lawsuit will name the parties liable and state the damages for which compensation is sought.

The amount of compensation will depend on the types of losses you suffered from your loved one’s death, taking into account their relationship to you. Examples of the losses a jury may consider under CACI VF-3905 include:

• Past and future financial support
• Past and future gifts never received
• Funeral and burial costs
• Past and future household services
• Lost love, care, and companionship
• Lost training, support, and guidance

Our attorneys work to highlight relevant facts and circumstances that demonstrate the impact of your loved one’s passing on you and your family. Additionally, the statute of limitations for a Fullerton wrongful death claim is two years, as specified in Civil Code Section 335.1. This imposes a filing deadline for your claim that generally begins to run on the date of your loved one’s death. Every wrongful death case in Fullerton is unique, which is why we focus on determining negligence and then meeting your future needs through litigation.

Schedule a Consultation with a Fullerton Wrongful Death Lawyer for Help Determining Negligence

If you have questions about determining negligence in Fullerton wrongful death claims, don’t wait to get help. Missing the filing period will result in a dismissal of your claim and could prevent you from recovering compensation against a negligent party. Schedule a free consultation today with the wrongful death lawyers at CD Law to begin evaluating your case.