When there is a death of a loved one, it can cause feelings of deep sorrow. The family members and friends must take time to grieve and process such a painful experience. These feelings can turn to anger and rage when family and friends believe that a death could have been prevented if it were not for the negligent activity of another party. When an individual believes that a party played a role in the death of a loved one, that person has the ability to file a wrongful death lawsuit on their behalf.
A recent post from the Daily Mail details the filing of a wrongful death lawsuit. The lawsuit is on behalf of Lisa Robin Kelly, better known as the woman who played Laurie Forman on Fox’s television program That 70s Show. The family of Ms. Kelly is suing a California rehabilitation facility, where she had arrived to treat a long history of drug and alcohol addiction. Ms. Kelly died from an accidental overdose three days after arriving at the California rehab center. When she arrived at the hospital a few days after dying in her sleep, she had a nearly fatal blood/alcohol reading of .34. The family is claiming that the rehab facility, Pax House LLC, conducted negligent activity that resulted in the wrongful death of Ms. Kelly.
What should I know about wrongful death lawsuits?
The state of California provides information about wrongful deaths. The first thing that one should know is that there is a statute of limitations regarding lawsuits for wrongful death. A statute of limitations is a clause providing a time frame in which a party must file suit. If a party files a suit after the expiration of the statute of limitations, it usually means that the party can no longer legally file a claim regarding a particular matter. There are sometimes exceptions that apply to statutes of limitations, but the primary concern should be to file suit before its expiration so that a person can continue their suit without problems. Mistakes regarding the statute of limitations can be the difference between winning a case or never having the opportunity to go to trial. It is a significant reason why a person should contact a lawyer as quickly as possible.
Elements of Wrongful Death
There are also specific elements that a party must prove to win a wrongful death suit. The party needs to demonstrate that the actions of the defendant were partly or entirely responsible for the death of the deceased. The defendant must also be negligent in the person’s death. Additionally, there must be surviving dependents, such as children, a surviving spouse, or beneficiaries. And finally, the party has to show that the person’s death led to monetary losses.
If you have lost a family member that may be due to the wrongful or neglectful behavior of another party, you should contact the Appel Law Firm LLP today. Our firm possesses a wealth of experience and a sterling reputation in the field of wrongful death litigation. We are dedicated lawyers who will do what is necessary to help you win your case.