Seeking Compensation Through Wrongful Death Attorney

By: Peters Linda49818a
Submitted: 2009-11-06 15:14:27
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If someone looses a loved one in a fatal car accident due to the negligence or recklessness of a third party, or if a mishap on a construction site makes one loose a family member, the bereaved person can always file for a wrongful death case. This case can even be filed a family member is lost due to sheer negligence of a doctor.  All the above, and many more, constitute wrongful death cases. The law in California allows the relatives of the victims of wrongful death, to sue for wrongful death claim. However, these are difficult cases to handle and one can best be served by an aggressive wrongful death attorney in Los Angeles.

Most personal injury lawyers in Los Angeles also handle wrongful death cases as someone who is seriously injured in an accident may subsequently die of those injuries.

Statute Of Limitations

The wrongful death cases are governed by certain statute of limitations. The first of which is that a lawsuit in a wrongful death case in California must be filed within 2 years from the date of the incident that caused the death. This is mandatory for failing this, the dependents of the victim loose all the right to sue and seek compensation.

There are, however, exceptions to this rule in case the wrongful death was due to medical malpractice, or due to construction faults, and the like. These limitations, as well as exceptions are well known to a wrongful death attorney who would definitely ensure the filing of the case within time.

If the wrongful death has been caused by a government entity, then the claim needs to be filed with that entity within 6 months of the incidence.

Who Can File A Claim?

Not anyone and everyone is entitled to sue for the compensation for wrongful death. The law permits only the following people to file for such claims

*    Surviving spouse, child/children of the victim of wrongful death, or a domestic partner.
*    Any dependant on the victim; like the stepchildren, parents, a supposed spouse, or children of the supposed spouse.
*    A minor who resided in the victim’s house for at least 180 days prior to the death.

It may be difficult to assess who rightfully qualifies to sue for wrongful death and who does not. It is therefore advised to people who are planning to file a wrongful death claim case to first check the validity of their case and the best recourse for this can be  to consult with a competent wrongful death attorney to find out whether the case has any chance or not

Lawyer’s Fees

A wrongful death attorney mostly represents his/her clients on a contingency fee basis. This signifies that one does not need to pay any fee in advance, and the lawyer will only be paid an agreed upon percentage of the compensation awarded by the law. And in case, the case is lost and the family or the dependents of the victim do not get compensated, the lawyer does not get paid at all.

Based in Los Angeles, CA, Law Offices of Howard Craig Kornberg http://www.kornberglawfirm.com or http://www.naymz.com/howard_kornberg_2093549 offers legal services to its clients in personal injury and wrongful death cases.

Article source: Expert Articles

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