The death of a child can be one of the most excruciating experiences any person can undergo. The pain and heartache can be even greater when the unexpected death was caused by the negligence of another party. In the State of California, negligence refers to the carelessness or irresponsible acts of another party. When a person’s death has been caused by negligence, this is legally referred to as wrongful death. In the State of California, only certain individuals are legally able to bring forth a wrongful death claim against the negligent party. One party who is legally allowed to bring a claim forward is the victim’s parents. The parents of the victim, therefore, have a legal standing to sue the responsible party for the untimely death of the victim.
Defining Wrongful Death Cases
A person can become a victim of a wrongful death through various scenarios. The following is a limited list of some most common scenarios that could bring forward a wrongful death claim:
- An automobile accidents caused by the carelessness of a drunk driver;
- A roadway accident caused by a dangerously designed road;
- A defective product that caused the injury of a person that lead to the person’s death;
- A carelessly maintained stairway that lead to a person’s death; or
- A medical malpractice injury that lead to a person’s death.
As previously mentioned, the list contains some of the most common wrongful death claims. If you have lost a loved one due to the negligence of another party, consider speaking to an attorney who is experienced in wrongful death law. An attorney with the right experience will understand the applicable California laws that can help to protect your rights.
The Legal Rights of a Parent
Wrongful death laws will be different across state lines. Under California law, a parent can generally pursue a lawsuit if the following apply:
- The victim had no surviving children, even if the victim has a surviving spouse; or
- The parent was financially dependent on the victim.
It is important to recognize that in the State of California and under most cases, a victim’s parent has two years from the date in which the death occurred that he or she has the ability to file a wrongful death claim. The parent could have up to three years from the time of the death if the untimely death was caused by the result of a medical malpractice.
Obtain Legal Support
If you or someone you know has suffered the death of a child by cause of someone else’s carelessness, it is important to consider speaking to a qualified attorney. In wrongful death claims, time is of the essence; it is crucial to seek legal support as soon as possible. A competent attorney will champion for your rights and ensure that your claim is processed in a timely manner.
The attorneys at Moga Law Firm are dedicated to helping those who have suffered the loss of a child due to a wrongful death injury. Finding the right support for your claim is important. The attorneys at the Moga Law Firm are committed to protecting the legal rights of their clients. Speak to an attorney who will champion for your rights.
