Here’s what you need to know about how neglectful death lawsuits are processed in California. Losing a loved one is a traumatic experience that no one should have to go through. However, when a loved one dies as a result of someone else’s negligence, the experience becomes even more difficult to bear.
What is a Neglectful Death Lawsuit?
A neglectful death lawsuit, also known as a wrongful death lawsuit, is a legal action taken against someone whose actions or inactions caused the death of another person. This type of lawsuit can be brought against an individual or a company, and it seeks to hold them responsible for the death of the victim.
The person or entity being sued is accused of causing the death of the victim through their negligence or intentional act. Negligence can be defined as the failure to exercise reasonable care in a situation, while an intentional act is when someone purposely causes harm to another person.
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Who Can File a Neglectful Death Lawsuit?
In California, only certain individuals are allowed to file a neglectful death lawsuit. These individuals include the following:
- The surviving spouse or domestic partner of the deceased
- The surviving children of the deceased
- If there is no surviving spouse, domestic partner, or children, then the next of kin can file the lawsuit.
- It’s important to note that a neglectful death lawsuit must be filed within two years of the death of the victim. If it is not filed within this timeframe, the lawsuit may be dismissed.
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How are Neglectful Death Lawsuits Processed in California?
Once a neglectful death lawsuit has been filed, the defendant will have a certain amount of time to respond to the allegations. If they admit to the allegations, then the case will proceed to the damages phase. If they deny the allegations, then the case will go to trial.
In California, neglectful death lawsuits must be filed within two years of the death of the victim. If you’re considering filing a lawsuit, it’s important to act quickly to ensure that your case is not dismissed due to the statute of limitations. Remember, you don’t have to go through this process alone. An experienced personal injury lawyer can guide you through every step of the process and help you get the compensation you deserve.
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