Fullerton Wrongful Death Case Process
The loss of a loved one is never easy, especially when it occurs through the negligence and fault of another party. An attorney could provide a hands-on, personalized approach to each wrongful death case that focuses on the needs of the surviving family in receiving future compensation.
The attorneys at CD Law help surviving families navigate the complexities of the Fullerton wrongful death case process with confidence and skill. We make it easy for clients to communicate with our team by always being in contact by text, email, or phone. Contact us today to schedule a free case evaluation about your situation.
How Do You Start the Wrongful Death Case Process?
A wrongful death case process in Fullerton begins with an investigation into the events and circumstances that contributed to the cause of death. Our attorneys and supporting staff work to gather all necessary documents and evidence that explain how the negligence of another party caused the incident. The types of evidence gathered in a case may depend on the type of wrongful death. We could help clients investigate cases involving:
- Motor vehicle accidents
- Slip and fall cases
- Dangerous conditions on a person’s property
- Use of defective products
- Intentional acts of violence
After the initial investigation, our attorneys could file the wrongful death claim in court to pursue compensation against the liable party. Several parties could serve as the plaintiff in a wrongful death case under the Code of Civil Procedure Section 377.60, beginning with the personal representative of the deceased’s estate. Additionally, other close family relatives could file a claim, including a surviving spouse, domestic partner, children, grandchildren, or another person who would receive the deceased’s property under the state’s intestate succession laws.
There is a two-year statute of limitations to file a wrongful death case under the Code of Civil Procedure Section 335.1. The filing deadline generally starts on the date of the person’s death. It is essential to meet this procedural requirement to preserve your right to continue the case in court and recover compensation from a liable party.
Damages To Claim in a Wrongful Death Case
After filing a wrongful death claim, the case continues to settlement negotiations and possibly to trial. Additional pre-trial court filings and hearings may also be necessary to navigate legal challenges or issues in the case, such as the ability to admit certain evidence. A jury then considers the facts and issues a ruling on the defendant’s liability for damages that resulted from the wrongful death.
The state’s Code of Civil Procedure Section 377.61 allows a jury to award damages that are just under the circumstances of the case. The amount of damages in a Fullerton wrongful death claim may likely depend on the case’s unique circumstances, including your relationship to the deceased. The following examples of losses may apply to you and your family:
- Financial support
- Household services
- Love, care, and companionship
- Opportunities for guidance, support, or training
- Costs for burial and funeral services
Our attorneys could help you identify the many financial and non-financial losses that exist because of your loved one’s death. We could present this information to the jury at a trial and advocate for maximum compensation.
Schedule a Free Case Evaluation with a Fullerton Wrongful Death Attorney
The Fullerton wrongful death case process could be lengthy and complex. It is important to work with experienced legal representation you can trust. CD Law prioritizes the goals and values of each family when managing their wrongful death case. Schedule a free case evaluation with us today, and learn more about how we could support you during this difficult time.