When can you File a Wrongful Death Lawsuit?
If your loved one died as a result of misconduct or negligence, you may be able to file a wrongful death lawsuit. However, you’ll need to hire a competent lawyer to get the compensation you deserve. If you’re unsure if your situation would be considered a wrongful death, you aren’t alone. Here’s what you need to know about wrongful death lawsuits in the state of California:
1. You need to prove negligence
In order to file a successful wrongful death lawsuit, you’ll need to prove that the actions of the defendant were negligent. This means that the death would have been prevented if proper actions were taken. For instance, a doctor who failed to properly treat a patient would be considered negligent. However, if a patient died even though their doctor followed protocol, the actions of the physician would not be considered negligent.
2. The defendant does not have to be a professional
It is possible to file a wrongful death lawsuit against a layperson. For instance, if someone runs a red light and causes a fatal car accident, it would be considered a wrongful death.
However, you could not successfully sue a driver for wrongful death if they took proper precautions to prevent the accident. Unfortunately, there is no guarantee that you will be able to successfully collect from a defendant that does not have insurance to cover the payments, even if you win the lawsuit.
3. Medical professionals are held to a higher standard
If a medical professional deviates from protocol in any way and death results from the improper treatment, it’s possible to file a wrongful death lawsuit. Furthermore, medical professionals are required to carry malpractice insurance, which will ensure that you’re able to collect. Malpractice insurance typically offers over a million dollars of coverage.
If you are filing a wrongful death lawsuit, contact Cherepinskiy Law Firm.
They have lots of experience filing lawsuits of all kinds, including wrongful death lawsuits. Furthermore, their prices are affordable. So, give them a call or get in touch with them online today and get the compensation you deserve.
