Information About Pursuing a Wrongful Death Claim in Court
If you believe your loved one’s death was caused by the negligence of another, a Pasadena Wrongful Death Attorney can help you pursue the claim.
Understanding The Types of Cases That Could Lead to a Wrongful Death Claim
Wrongful death claims generally arise when the negligence of another results in a death. As a Pasadena Wrongful Death Lawyer will explain, negligence requires a showing that the person at fault had a duty to refrain from harming another by their actions, and breached that duty which resulted in their death. Essentially, any type of personal injury can form the basis for a wrongful death claim if the accident victim does not survive. Wrongful death claims may be filed for a variety of types of accidents such as:
- Medical Malpractice
- Car Accidents
- Products Liability
- Workplace Accidents
- Construction Accidents
- Slip and Fall Accidents, etc.
Some Basic Facts About How to Pursue a Wrongful Death Claim
As a Pasadena Wrongful Death Lawyer can counsel, in order to pursue a wrongful death claim, someone (usually the next of kin) must step forward to file a claim on the victim’s behalf. From a procedural standpoint, this will involve opening an estate in probate court and having an executor or personal representative appointed to act on behalf of the deceased. As such, the claimant or plaintiff in a wrongful death lawsuit is actually the executor/personal representative of the estate.
Therefore, wrongful death lawsuits generally involve two courts: the Probate Court who appoints the personal representative, and the Civil Court where the negligence or fault of the alleged wrongdoer is litigated.
Wrongful death claims must be filed under a statute of limitations depending on the type of accident involved. Contact a Pasadena Personal Injury Lawyer as soon as possible to learn more.
At The Paul S. Norris Law Firm, you can speak to a knowledgeable and compassionate Pasadena Wrongful Death Attorney who will review your case and help you understand your legal options. Call (626) 993-4415 to set up an appointment.