WHAT ARE THE MOST COMMON DEFENSES TO A WRONGFUL DEATH CLAIM?
Posted on Friday, February 14th, 2020 at 2:02 am
Our California wrongful death lawyers handle a variety of cases involving the death of an accident victim. A wrongful death claim can arise from many different situations, including but not limited to:
- Car Accidents
- Premises Liability Claims (slip and fall accidents, swimming pool accidents, amusement park accidents, etc.)
- Motorcycle Accidents
- Medical Malpractice
- DUI Accidents
- Pedestrian Accidents
- Dog Attacks and Animal Attacks
- Commercial Vehicle and Truck Accidents
- Defective Products
- Elder Abuse
- Bicycle Accidents
Almost any personal injury accident can result in a wrongful death. Unfortunately, there are several defenses to wrongful death claims. Our experienced Sacramento wrongful death attorneys are familiar with wrongful death defenses and how to overcome many of the ways people try to avoid taking responsibility for their negligence and wrongdoing.
Defenses to Wrongful Death Claims
There are many different ways a party may try to avoid liability for a wrongful death accident. Four common defenses used by many parties are:
If a death occurs because of a physical altercation or attack, the party causing the death may argue that he or she was only acting in self-defense.
Assumption of Risk
Another wrongful death defense that a party might claim is the assumption of risk. This defense can be used with or without a waiver or release of liability. The party claims that the person who died knew that an activity or action held certain risks of injury or death and decided to participate even though he or she understood the risk.
Comparative fault alleges that a victim had some responsibility in the cause of his or her death. For instance, a person was speeding at the time of a deathly car accident; therefore, the victim is partially at fault for the crash that took his life. According to comparative fault laws, the victim is not entitled to full compensation for damages because he contributed to the cause of the accident.
Statutes of Limitation
Wrongful death lawsuits must be filed before the expiration of the statutes of limitation for such claims. Statutes of limitation set deadlines for filing certain types of claims. In most cases, California wrongful death lawsuits must be filed within two years of the date of death.
However, some exceptions can lengthen or shorten the time to file a wrongful death claim. For instance, wrongful deaths arising from a medical malpractice claim usually must be filed within three years of the date of death.
Contact a Sacramento Wrongful Death Lawyer for Help
Losing a loved one is never easy, but it can be very traumatic when the death is unexpected and sudden. Thinking about a lawsuit is usually one of the lowest priorities after the death of a family member. However, as stated above, your time to file a claim is limited.
If you suspect that the death of your loved one was because of the error, negligence, or wrongdoing of another party, contact our office to discuss your situation with an understanding wrongful death lawyer. We can help you investigate the death of your family member to determine whether you have a claim for wrongful death.
Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California wrongful death lawyers.