As a general principle, the state — or more particularly, the state government — is immune from lawsuit, under the principle of sovereign immunity. In short, public entities are not usually held liable for injury caused by the public entity or its employees. But yes, in California, there are instances when you may file civil liability claims against the state. Under the California Tort Claims Act (CTCA), certain kinds of personal injury, wrongful death, property damage, and breach of contract, among others, are grounds for a lawsuit. Before you sue.
Wrongful Death is a claim against a person or entity who can be held liable for a death. There are several factors to be considered when filing a wrongful death lawsuit. If the death of a person is caused by negligence or with the intent to cause harm, then a wrongful death claim may be filed. Some of the circumstances that may lead to wrongful death are the following: medical malpractice, automobile accidents, exposure to hazardous conditions or chemicals because of work, criminal behavior, or supervised activities. If any of the mentioned situations resulted in the death of an individual, then you may be able to file a wrongful death claim.
Our Legal Knowledge Center’s wrongful death section will provide you with information about filing a wrongful death claim. The questions and answers you will find here can help you determine if you can file a claim and help you with the next steps. Information about who can file a wrongful death claim and how the compensation is computed can be found here.
Hogan Injury specializes in wrongful death claims. Computing for the monetary compensation after the death of a loved one can be hard and involves a lot of complicated calculations, let us help you.
Losing someone you love and treasure can be both painful and sad. It’s even more agonizing when another person caused their demise. Under California law, the following people have the legal standing to bring a claim of wrongful death: -The spouse of the deceased -The domestic partner of the deceased (if the domestic partnership was registered) -The children of the deceased -The stepchildren of the deceased (if they were dependent for support upon the deceased) -The grandchildren of the deceased (if their parent, the child of the deceased, is no.
Losing a loved one can be devastating, especially if the death is caused by another person, which usually means the death is also untimely. If your loved one was a victim of wrongful death, a death caused by the negligence of another person or entity, you may file a lawsuit to seek compensation for the financial and emotional damages that you and your family have suffered. To determine if a person is a victim of wrongful death, these four elements must be present: 1. Negligence. The defendant’s recklessness or carelessness.
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