Losing a loved one is one of the toughest challenges we can face in life. But when that loss was preventable, the emotional toll can become overwhelming. Families must deal with the burdens of medical bills, funeral costs and the loss of income that comes with losing a family member. Our Redlands wrongful death attorney understands these struggles and wants to help.
At Dolen, Tucker, Tierney & Abraham, we work rigorously to help our clients' cases succeed. We have decades of experience to help guide your case. That means we know what it takes to help our clients receive the compensation that they deserve.
When a person dies due to the negligent or wrongful actions of another party, it is often referred to as wrongful death. After such a loss, surviving family members and certain close associates may have a claim to file for damages.
To file a wrongful death lawsuit, survivors must prove that the defendant's actions led to the death of their loved one. These actions must be negligent, reckless or purposeful, and may even breach the duty the defendant owed to the decedent. The resulting death must also result in damages to the survivors. These conditions often result from, but are not limited to:
Surviving family members often have many unforeseen expenses to deal with after the passing of a loved one. These expenses can be an incredible burden if the decedent was the family's breadwinner. A wrongful death lawsuit can help cover economic damages, such as:
A wrongful death lawsuit may also cover non-economic damages. These damages can include:
Filing a lawsuit for wrongful death can be a complex matter. In California, only immediate family members and close acquaintances, such as domestic partners or dependents, may qualify to file. Consulting an experienced Redlands wrongful death attorney can help determine if you qualify.
California also maintains statutes of limitations when it comes to these cases. That means you only have a certain period of time to file a wrongful death claim. This time limit is often determined by the circumstances surrounding your case.
Generally, survivors must file a wrongful death case within two years of the decedent's death. If an individual died due to the negligence of a public entity, they may only have six months to file. However, it is important to know that there are special exceptions to these time limits. So, speaking with an attorney is important, even if you believe you have missed one of these deadlines.
As you can tell, filing a wrongful death lawsuit is no easy task. There are many regulations and laws governing eligibility, deadlines and what damages qualify. In addition to meeting these rules, the court will also require evidence to prove your claim. This means gathering materials such as:
Families dealing with grief and loss may find dealing with these challenges impossible. But attorneys have the training needed to address these issues. Let an experienced Redlands wrongful death attorney help shoulder the burden.
Personal injury attorney, James F. Tierney, III, has over four decades of experience helping the injured and their families. He works with clients one-on-one to ensure their needs are met. His efforts are further supported by the excellent staff at Dolen, Tucker, Tierney & Abraham.
We provide dedicated and reliable legal services to individuals, families and businesses. If you need help with a potential wrongful death lawsuit, call us for a free consultation. Our number is (909) 326-2769.