Losing a loved one is never easy, and it can be even more difficult when their passing was caused by someone else’s actions. Our Northridge, CA wrongful death lawyer knows that when a patient is already terminally ill, families may wonder if they still have the right to file a wrongful death lawsuit. The fact that someone was near the end of their life does not excuse negligence or wrongful actions that caused their death sooner than expected. When you need help, contact Barry P. Goldberg. He started his law firm in 2005 and is dedicated to each of his clients.
Can You File A Wrongful Death Claim If The Deceased Had A Terminal Illness?
Yes, a wrongful death claim can still be filed even if the deceased had a terminal illness. The key issue is whether another party’s negligence or misconduct caused their death earlier than it would have otherwise occurred. If medical malpractice, an accident, or another wrongful act led to their death sooner than expected, their family may have the right to seek compensation.
How Does A Terminal Illness Affect Damages In A Wrongful Death Case?
A terminal illness may impact the calculation of damages, but it does not eliminate the right to compensation. Courts consider factors like the pain and suffering the deceased experienced before passing, medical expenses, and the emotional and financial impact on surviving family members. If the deceased had a limited life expectancy, future lost income may be lower, but other damages may still apply.
What Evidence Is Needed To Prove Wrongful Death In A Terminally Ill Patient?
To prove wrongful death, it must be shown that the defendant’s actions directly caused or contributed to the death. Medical records, expert testimony, and witness statements can help establish that the deceased would have lived longer if not for the wrongful act. If a doctor made a critical mistake in treatment or a nursing home failed to provide proper care, that evidence can support the claim.
Who Can File A Wrongful Death Claim For A Terminally Ill Patient?
In most cases, immediate family members such as spouses, children, or parents have the right to file a wrongful death claim. If the deceased had a will, the executor of their estate may also be responsible for filing the lawsuit. The rules vary by state, so it’s important to understand who is legally allowed to bring a claim.
Is There A Deadline For Filing A Wrongful Death Lawsuit In These Cases?
Yes, wrongful death claims must be filed within a certain timeframe, known as the statute of limitations. The deadline varies by state, but it typically ranges from one to three years after the death. If the claim is not filed within this period, the family may lose the right to seek compensation. Acting quickly can help preserve evidence and strengthen the case.
Trust Our Team
Filing a wrongful death claim for a loved one who was already terminally ill can be legally complex, but families still have rights. No one should suffer an early death due to negligence or wrongful conduct. Barry P. Goldberg and his team are dedicated to helping families seek justice. Contact us today for a free consultation to discuss your case.
