A San Francisco Wrongful Death Lawyer Who Will Protect Your Rights When You Are At Your Most Vulnerable
Losing a loved one is a devastating experience. The pain is often compounded when the death was caused by the wrongdoing of another and could have been prevented. Pursuing justice through the legal system may not ease the emotional toll during this difficult time, but it can provide the financial stability and accountability necessary for healing. A San Francisco wrongful death lawyer can help guide grieving families through the legal process.
The team at Ribera Law is prepared to ensure your loved one’s story is heard and your rights are protected. If you have recently lost a family member and believe that another person or entity was responsible for your loved one’s death, contact Ribera Law Firm to learn about your rights.
Factors That Can Lead to a Wrongful Death Action
A death can be considered “wrongful” any time a careless, reckless, or intentional act by a third party was the cause. While there are no limits on what might lead to a person’s death, some circumstances are more common than others when it comes to wrongful death litigation.
Such circumstances include, but are not limited to, a death involving a motor vehicle, bus, or motorcycle; a death caused by a defective product; a death caused by inadequate safety measures or security; a death caused by the use of substandard building materials; a death caused by the use of alcohol or drugs; and/or a death occurring when your loved one is under the care or supervision of another such as another parent or school.
A wrongful death action is a civil lawsuit, meaning the remedy for a successful claim is financial compensation. This is different from criminal prosecution, although a wrongful death action can arise out of an incident that is also criminally prosecuted.
If you believe that a third party holds some responsibility for the death of your loved one, contact a San Francisco wrongful death lawyer at Ribera Law Firm, who can advise you of your legal rights and how best to proceed during this difficult time.
Who Can File a Wrongful Death Action?
Every state has its own approach when it comes to the right to file a wrongful death action. Some states allow specific family members to pursue legal action. In other jurisdictions, the ability to file a lawsuit is limited to the personal representative of the decedent’s estate.
In California, certain relatives have priority when filing a wrongful death lawsuit. The right to pursue legal action starts with the decedent’s surviving spouse, domestic partner, or child(ren). If the decedent’s child died before them, any surviving grandchild(ren) can also file suit. A parent or legal guardian who has lost a child would also have the ability to bring a wrongful death action if a third party was responsible for the child’s death.
There are times when no qualifying family members are alive to file a wrongful death action. In that situation, any person who would be entitled to the property through California’s intestate succession laws can file. This includes a broader range of family members, including parents and siblings.
Damages in a Wrongful Death Action
When wrongful death actions are successful, the surviving heirs could recover varying types of financial compensation. Although no amount of money can bring back a loved one, a financial settlement could cover that person’s final expenses and soften the financial blow that comes with the unexpected death of a family member.
Economic damages are designed to cover any out-of-pocket financial costs, ensuring that the surviving heirs remain in the position they were in prior to the death of their loved one. These damages may include the following:
- The cost of the decedent’s funeral and burial
- The reasonable value of household services that would have otherwise been provided by the deceased party
- The loss of financial support and/or gifts to dependents that would have otherwise been expected to be provided by the decedent
In addition to these economic losses, the death of a family member can also have an impact that is more difficult to measure. These losses, often referred to as non-economic damages, are based on the loss of the relationship between the person or persons bringing the wrongful death lawsuit and the deceased person.
In general, non-economic damages are available to a decedent’s heir in a wrongful death action based on the heir’s loss of the deceased party’s love, companionship, comfort, care, assistance, protection, affection, and moral support.
For example, compensation could be available to a child who loses the guidance, care, and protection of a deceased parent or a spouse who loses the companionship, love, affection, and intimate relationship with a deceased spouse.
Damages Typically Not Available in a Wrongful Death Lawsuit
While damages in a wrongful death case are meant to compensate the decedent’s family for the impact the loss of their loved one has had on their lives, the following damages, unfortunately, are not recoverable under California law:
- Compensation for the grief, sorrow, or mental anguish suffered by the decedent’s loved one(s) bringing the wrongful death action
- Compensation for the pain and suffering endured by the decedent
- Punitive damages (unless the wrongful death stems from a felony homicide where there was a conviction prior to the filing of the wrongful death lawsuit)
Time Limits for Filing a Wrongful Death Claim
As with every other jurisdiction in the United States, California has a statute of limitations that applies to wrongful death actions. This means that a family member or loved one has a set amount of time to file a lawsuit or lose the chance to do so forever. In general, this time limit occurs two years from the date of an individual’s death.
However, there are shorter deadlines to bring a wrongful death claim when the party responsible is a government entity (six months) or the death was caused by the acts of a medical professional or hospital (one year).
The courts strictly enforce this deadline, making it one of the major pitfalls in a wrongful death action. Missing the statute of limitations by even one day can prevent a family member from recovering just compensation for the death of their loved one. Contact a San Francisco wrongful death lawyer at Ribera Law Firm as soon as possible to ensure compliance with all legal deadlines.
Contact a San Francisco Wrongful Death Lawyer at Ribera Law Firm Today
For many people, the thought of filing a lawsuit is too much to deal with following the death of a beloved family member. The attorneys at Ribera Law Firm understand the profound difficulty of losing a loved one, and we take pride in representing our clients with empathy, compassion, and understanding during this challenging time.
You do not have to deal with this loss on your own. Contact us today for a free consultation with a San Francisco wrongful death lawyer at Ribera Law Firm.