The unexpected death of a family member is a tragedy. The tragedy compounds if your loved one’s loss happened as a result of another’s negligent, intentional, or criminal behavior and should have been avoided. If you have are the survivor of a loved one now deceased due to someone’s bad conduct, contact an experienced Perris Wrongful Death Attorney see if you might be eligible for compensation.
Wrongful Death Risks in Perris
Perris, a small but growing city of slightly over 77,000, is not without risks for situations that could lead to wrongful death claims. The busy 215 freeway and State Route 74 both run by Perris, and in 2016 the Office of Traffic Safety reported 312 injury and fatality car accidents – 12 of which involved alcohol. 2017 saw multiple fatal accidents in the area, including a pedestrian fatally struck by a motor vehicle and an alcohol-related fatality. Additionally, based on FBI crime data, Perris is not one of America’s safest communities with a crime rate higher than 69% of all California’s cities and towns. The chance of becoming a victim of violent or property crime in a city of 77,000 is 1 in 37. The large number of motorists and truck drivers on the roads in and around Perris, combined with the elevated crime rate, create a number of opportunities which could result in a wrongful death claim.
When Would a Wrongful Death Claim Arise?
Some situations may be more obvious than others for giving rise to wrongful death claims – drunk driving fatalities come to mind – there is a broad list of circumstances where the claim might become a possibility. Any situation resulting in death due to negligence, intentional act, or criminal conduct can permit filing a wrongful death lawsuit. Scenarios may include:
- Improper police actions;
- Violent crime;
- Workplace accidents;
- Construction accidents;
- Motor vehicle accident fatalities;
- Drunk driving fatalities; and
- Medical malpractice.
Who Can File a Perris Wrongful Death Claim?
It’s understandable that all a decedent’s loved ones may be hurt by their unexpected, avoidable death. However, only certain relatives of the deceased can bring a wrongful death claim. Two levels of a decedent’s family in California have standing to sue. The qualifications can be confusing. This is especially true in a situation where either an extensive family or practically no family exist, so in these cases speaking to an experienced Perris Wrongful Death Lawyer for advice is wise.
The first class of eligible survivors is mostly decedent’s nuclear family:
- Surviving spouse;
- Registered domestic partner;
- Children; and
- Living grandchild – if their parent is a deceased child of the victim.
If no members of the initial class exist, the second tier of survivors’ gain standing to bring a wrongful death claim – but only if they demonstrate they were financially dependent on the decedent. The second tier includes the decedent’s parents, stepchildren, putative spouse, and child of the deceased’s putative spouse.
A wrongful death attorney may represent more than one survivor in wrongful death claims so long as no conflict of interest is present. This consideration may greatly simply the litigation process for the decedent’s survivors.
Are Wrongful Death Claims the Same as Survival Actions?
Though a tragic loss of life due to wrongful behavior can give rise to both wrongful death and survival actions for compensation in court, the claims are unique and fundamentally different from each other. The decedent’s estate, through a representative, brings a survival action to recover damages the estate suffered between the time of the decedent’s initial injury and their subsequent death. Conversely, eligible survivors of the deceased bring wrongful death claims for personal injuries they suffered as a result of the deceased’s death.
How Do I Win My Wrongful Death Claim?
Wondering about the value of your Perris wrongful death case is understandable – no amount of money will replace your loved one. If, though, you prove a party’s wrongful, criminal, or negligent acts caused the death of your loved one, you may be awarded certain compensatory damages you can prove in court.
Most loved ones rely on the theory of negligence to try and recover compensation. If you can prove the defendant is negligent, unless they have a valid legal defense, they will be liable for your damages. You be awarded compensatory damages to try and compensate for certain injuries you suffered due to your loved one’s death. Common injuries a loved one might recover compensatory for are:
- Loss of decedent’s love, support, affection, and companionship;
- Loss of the value of services the decedent contributed to their household, and
- Loss of financial support they expected from the deceased.
Even though loved ones pursuing wrongful death claims are entitled to compensatory damages for certain types of injuries, loved ones are prohibited from seeking or being awarded punitive damages for their wrongful death claim.
When Do I File a Claim?
The thought of making big decisions and acting quickly after a traumatic event like losing a loved one can understandably be overwhelming. However, it’s important not to delay in this situation – time isn’t on your side. Perris, like the rest of California, has a 2-year statute of limitations, beginning from the date of your loved one’s death, for you to file a wrongful death claim for compensation. Failing to do so permanently bars you from filing a claim and recovering compensation in court. Any filing after the deadline will be dismissed by the court.
Speak to an Attorney Today
If you lost a loved one because of someone else’s wrongful behavior, speak to the skilled Perris Wrongful Death Attorneys at Walton Law right away. Our attorneys have spent years delivering personalized, dedicated representation to victims just like you and secured millions in compensation for our clients to let them focus on their recovery. Contact us 24 hours a day, 7 days a week at (866)-338-7079 or via our online Contact Page to schedule your confidential, no-risk initial case consultation today. The initial evaluation is free, there is no obligation, and you pay nothing until we win your case. Let us review your unique situation and start working today to help you get the best outcome possible from a tragic situation.