Oceanside Wrongful Death Claim Attorney
The untimely loss of a loved one is an absolutely devastating event. When it occurs due to the negligent, careless, or intentional actions of another person, the pain of the loss can be even more difficult to bear. For years, the Oceanside wrongful death attorneys of Law Offices of Yvonne M. Fraser have made it a point to protect those who have lost loved ones in avoidable accidents get the justice and closure that they deserve. Though it may be an afterthought right now, the financial burden of an accident like this may continue to affect your family for years to come.
In an effort to assist certain surviving family members and ease their hardship going forward, California recognizes claims for wrongful death. A wrongful death lawsuit allows certain individuals to collect compensation for the death of a loved one that resulted from another party’s negligence or wrongful act.
If a loved one was taken from you in an accident, you should speak with an Oceanside wrongful death attorney at the Law Offices of Yvonne M. Fraser about your legal options. Our Oceanside legal team understands how important this claim will be to you and your family, and we can help you develop a comprehensive legal strategy against the responsible parties. To speak with an experienced wrongful death attorney at Law Offices of Yvonne M. Fraser, contact us by calling (760) 512-1172 today.
Do I Need Law Offices of Yvonne M. Fraser?
The death of a loved one can be one of the most difficult times in your life. The status quo has been disrupted, especially if the lost loved one was the primary earner or caregiver in your family. On top of that, you are likely suffering immense emotional pain. The thought of trying to handle any legal claim, particularly a complicated one like wrongful death, can seem almost impossible at this time.
At Law Offices of Yvonne M. Fraser, we can take care of your legal worries so you can focus on healing. We are unique in that our founding attorney, Yvonne M. Fraser, has a background in the medical field, in addition to being an experienced attorney. This gives her the ability to greater understand how a personal injury affected your loved one’s life and how such an injury contributed to their death. She understands the complexities of wrongful death litigation in Oceanside. As such, our legal team will consult with medical experts, accident reconstructionists, actuarial accountants, and any other professional we believe will be able to help build your case. If you are considering filing a wrongful death claim, contact Law Offices of Yvonne M. Fraser right away.
Cases We Handle
Though no amount of compensation will be able to undo the pain and suffering inflicted on you and your family, a wrongful death claim may be able to help offset the financial burden associated with that loss. Our legal team in Oceanside possesses the experience and resources to help you develop a wrongful death claim against the responsible parties, including claims associated with the following:
- Medical malpractice
- Car Accidents
- Truck Accidents
- Motorcycle Accidents
- Premises Liability
- Product Liability
- Dog Bites
Your wrongful death claim can include damages that the deceased would have been able to recover had they lived. What types of damages are awarded and how they are classified can vary depending on whether they are going to beneficiaries or the estate. Some damages you might be able to collect from a wrongful death claim include:
- Funeral and burial expenses
- Medical and hospital bills incurred due to the deceased’s injuries or illnesses
- Loss of income from the deceased’s anticipated earnings
- Money for the value of household services
- Money to compensate for the loss of anticipated financial support from the deceased
- Money to compensate for the loss of the deceased’s love, guidance, community, moral support, attention, and affection
Understanding how compensation is split can be difficult. Consulting with an experienced Southern California attorney can help you and your family fully understand what you may be eligible for in your wrongful death suit.
Who May File A Wrongful Death Lawsuit?
Though many people will be affected by the loss of your loved one, not everyone can file a wrongful death claim. These claims are usually limited to:
- The deceased’s surviving spouse or domestic partner.
- The deceased’s surviving children, including biological and adopted children.
- The deceased’s grandchildren or great-grandchildren, if the deceased’s children have already passed away.
- The deceased’s parents, siblings, or siblings’ offspring, if none of the above are available
Additionally, if a person can prove that they were financially dependent on the deceased, any of the following individuals may be able to file an action for wrongful death:
- The deceased’s putative spouse, i.e., a person who was not legally married to the deceased, but believed that they were
- Children of the putative spouse
- A minor who at the time of the decedent’s death was living in the deceased’s household had been living with the deceased for at least the previous 180 days, and who was financially dependent on the deceased for at least one-half or more of their expenses
Knowing who may be a beneficiary and how a wrongful death lawsuit must be filed can be confusing. Contacting a knowledgeable Oceanside wrongful death attorney from Law Offices of Yvonne M. Fraser can help you understand and assert your rights.
Statute of Limitations
The statute of limitations is how long you have to file a lawsuit after the incident. In cases of wrongful death, a party has two years from the time of death to file a lawsuit.
Since a party may be injured and live for a period before succumbing to death as a result of their injuries, the timing for a wrongful death lawsuit should not be confused with the time when the injuries were sustained. For example, an individual may be injured but still live for six more months before dying. In this case, the beneficiary has two years from the death, or two years and six months from the injury, in which to file the lawsuit.
Understanding the statute of limitations in a wrongful death lawsuit can be complex, and that is why it is best to contact an attorney immediately if a loved one dies as a result of another party’s negligence or intentional wrongful act.
Consult with a Wrongful Death Lawyer in Oceanside
The laws revolving around wrongful death can be complicated and confusing. If you are suffering from the loss of a loved one, you should not have to be worrying about legalities. At Law Offices of Yvonne M. Fraser, our experienced and compassionate wrongful death attorney understands that you are likely feeling incredible grief and experiencing tremendous stress after your loss. Do not go through this difficult period by yourself.
If your loved one was taken from you by the negligence, recklessness, or intentional wrongdoing of another, you should consult with an Oceanside wrongful death lawyer at the Law Offices of Yvonne M. Fraser about pursuing compensation. To begin discussing your legal options, please call our offices at (760) 512-1172 and schedule your free consultation.