Dealing with a wrongful death case can be a harrowing interruption of the grieving process. The circumstances are of course tragic, and you may be in no condition to offer your full attention to the proceedings. The defendant faces a large monetary penalty and will fight you every step of the way. Consequently, it is important to retain the experienced legal support of a San Francisco wrongful death lawyer from the Law Offices of J. Chrisp.
A wrongful death case could involve medical malpractice, a car accident, or any number of other possible scenarios. No matter the particular circumstances, the courts aren’t concerned with intent so much as they are about liability and the behavior of the defendant.
San Francisco Wrongful Death Accident Claim Laws
In California, wrongful death law is written explicitly to remove ambiguity. Wrongful death is defined as someone dying due to the negligent behavior or the wrongful actions of an organization or an individual. To find more substantive information, contact a San Francisco wrongful death lawyer from our firm, and we can give you a clear breakdown of your options.
The Particulars of a San Francisco Wrongful Death Claim
The deceased’s death needs to be the result of either negligence or wrongful acts on the part of the defendant to qualify as a wrongful death case. Medical malpractice cases are considered applicable circumstances, as well.
In a malpractice case, the plaintiff must prove that the chances of the victim surviving were 51 percent or higher before the healthcare provider interceded. However, if it can be proven that the chances of survival were less than 50 percent, then the circumstances do not fall under the definition a wrongful death.
According to California law, a deceased fetus does not meet the parameters of a wrongful death claim. Deaths resulting from justifiable homicides also do not qualify under state law. Anyone whose family member is killed during the commission of a felony cannot file a wrongful death lawsuit.
However, suicide under the care of a legally responsible party can be considered a wrongful death, if the responsible party facilitated the suicide through their negligent actions.
If you aren’t certain if the circumstances of your loved one’s death qualify, contact a San Francisco wrongful death lawyer from our office. We can review the case and make a determination for you.
Statute of Limitations
In California, a wrongful death claim is a time sensitive matter. Legally you will face three basic statutes of limitation when filing a wrongful death case. The first is three years from the date of the incident no matter the nature of the wrongful death case. The second statute of limitation applies to medical malpractice and negligence cases, giving you three years from the date of your injury. The third medical malpractice deadline is one year after you became aware of the medical malpractice if you didn’t immediately know.
Your San Francisco wrongful death lawyer will ensure that your case is properly categorized and that everything required is filed before the applicable deadline.
Wrongful Death Suits with Multiple Plaintiffs
In a case involving more than one aggrieved party, all injured parties must be a part of the same case and not file multiple claims. This so-called “one action rule” is in place to prevent multiple wrongful death lawsuits on behalf of the same victim.
If you feel you have standing as an heir in an ongoing wrongful death case, it is important that you are included, or you may not be able to bring forth your case. Consult a San Francisco wrongful death lawyer so that you don’t miss your opportunity for restitution.
Contact a San Francisco Wrongful Death Lawyer
Nothing about a wrongful death case is ever simple, but getting the best possible legal support can get you through the process. Discuss your case with a capable San Francisco wrongful death lawyer from the Law Offices of J. Chrisp so that we can help you navigate these harrowing circumstances and get your life back in order.
Call us at 1-877-JCHRISP (524-7477) or submit the form at the bottom of the page to receive the help you deserve.