The Law Offices of Rolf J. Rolnicki
Orange County Wrongful Death Attorney
What actually constitutes a wrongful death case? “Wrongful death” means that somebody died wrongfully through the negligence of some action that occurred, either by an act, omission or misconduct of another person (or company); such as a car accident, a premises liability situation, a boating accident, a medical malpractice case, or a product liability. Liability is due to the negligence of the defendant or another party.
Actions One Should Take
Like all other personal injury cases, hiring an attorney as soon as possible is crucial and actually more important than any other type of legal matter. In California, wrongful death cases have a two year statute of limitations. The reason that you need to get an attorney involved as soon as possible is not just because of the statute of limitations, but also to handle such matters as preservation of evidence, gathering witnesses and hiring of experts to gather data and evidence necessary to verify you can prove the case.
Common Defense Raised in Wrongful Death Cases
One of the more common defenses in a wrongful death accident case is that there are a restricted number of people who can actually make a claim in a wrongful death accident case. Those people are called potential beneficiaries, and in a wrongful death case, there are very specific potential beneficiaries. If those people don't exist in the deceased's life, then there is no case.
Why Hire an Attorney
Wrongful death accident cases are very difficult and the stakes are very high. Often, there are situations where the caregiver or the person who is responsible for bringing income into the family has been killed. This results in added financial stress and emotional aspects involved with a wrongful death case that need to be immediately addressed. Hiring the Law Offices of Rolf J. Rolnicki allows us to handle all of the details so that a family has time to grieve.
The California code of legal procedure
is outlined and can be found here