Fatal Child Accident
If you are reading this page and have recently lost a child, we extend our deepest condolences to you and the rest of your family. There is nothing that compares to the hurt you are presently experiencing. Over the years, we have worked with and provided counsel to a number of families who have suffered terrible losses, yet nothing comes close to the pain that follows the unexpected death of a child. Undoubtedly, your world has been turned upside down and there is scarcely a moment that you are not wondering – “How could this happen?”
At Demas Law Group, P.C., we stand ready to help you answer that very question. When a child suddenly passes away, there are reasons even where there appear to be none. There are motives and actions that led up to the tragic moment. There are witnesses, shreds of evidence, and even confessions that will lead all the way back to “how” it all took place. And at your request, we will use every resource, every expert, and every legal nuance at our disposal to see justice is found amongst all of these items.
We appreciate and understand your desire to avoid contacting a wrongful death attorney at this time. What can an attorney possibly hope to accomplish in light of such a loss? What is to gain from a Sacramento wrongful death claim, when so much has been taken away? These are all valid questions and we cannot deny the finality of the situation. However, at your request, we can shed light on the awful decisions that led up to your son or daughter’s passing. We can hold the at-fault party accountable for their actions and find a suitable compensation for your pain. Above all, we can help you, and your family, find some modicum of closure in an otherwise overwhelming tragedy.
For more information or to schedule a consultation with one of our understanding team members, please contact Demas Law Group, P.C., at (916) 444-0100.
What is Negligence?
When someone is suspected of “negligence” it means they have failed to uphold what was considered their duty, regardless of the situation. This can mean anyone – from a Sunday driver returning home from church to a doctor undertaking a delicate life-saving procedure. In both situations both individuals are responsible for a certain “standard of care” to his or her surrounding community. The driver must maintain a safe speed, obey all traffic laws, and refrain from illicit behavior while behind the wheel. The doctor, on the other hand, must observe strict guidelines, as set down by his Oath, and take every precaution to ensure his patient is not harmed. Should either of the two individuals in question fail to do so – or worse – deliberately go out of their way to violate their responsibility, they can be considered negligent.
In terms of a wrongful death, if your child’s death was the result of an individual’s negligent behavior, they can be held accountable for their reckless actions in a civil suit – to say nothing of the potential criminal charges they may be facing.
CA Statute of Limitations for Wrongful Death of a Child
The death of children is a subject that brings up terrible emotional issues for everyone involved. Parents are often prostrated with grief and anguish and may not be thinking about a lawsuit at the time of the death or immediately afterwards. However, they are required by law to file a suit for damages within a given time period or they could lose the right to collect damages.
Under California Code of Civil Procedure Section 335.1, 45, there is a strict time limit that parents have in bringing a legal action when they lose a child to a wrongful death accident. Normally, the parents of children have the full two years allowed by law in which to file a suit. However, there are exceptions to this rule.
Exceptions to the Statute of Limitations
If the death resulted from medical malpractice, the statute of limitations may be increased to three years in the case of a child. In some cases, the time limit does not begin until the parents are given information that allows them to deduce that a wrongful act has occurred. However, if a government agency is involved, the statute of limitations shrinks to six months. During that time, the parents must file a government claim, and it is only after that claim is rejected that they are statutorily allowed to file a lawsuit.
Helping Sacramento Families Recover
Children are often killed in car collisions, pedestrian crashes, and bicycle accidents, although any type of accident could produce a wrongful death claim regarding a child. Attorneys for wrongful death not only handle the claims of parents who have lost children in accidents; they also help guide the parents through the process. This is often extremely painful and requires an understanding of the psychology of grief to allow these attorneys to deal with not only the legal but the mental aspects of the case.
A professional Sacramento wrongful death attorney understands that part of his or her job is to work with grieving parents to ensure that their rights are protected, even if they do not understand this process or are not mentally invested in it due to the struggle with grief. While money will never replace a lost loved one, especially a child, it is important that the family of a victim who has been killed in a senseless accident be compensated justly for that loss. When families need help in achieving that goal, there are good personal injury attorneys who understand what they are going through and will act on their behalf to prevent anyone from taking advantage of their vulnerability and loss.
Counsel When You Need It Most
The Demas Law Group, P.C., is not your average Sacramento personal injury firm. We do not churn claims out the door in hopes of netting huge profits. We represent those who have been injured, threatened or taken away from their families too soon, because we believe there must be accountability. We demand that our client’s voices be heard and their demands met in a timely fashion. If you or a loved one has recently lost a child in an accident, don’t delay – call the Demas Law Group, P.C., today and get the representation your family deserves. Call (916) 444-0100.
This literature may be considered attorney advertising or an offer of professional services, according to rule 1-400 Rules of Professional Conduct by the State Bar of California. The information does not constitute a guarantee, warranty or prediction regarding the outcome of your potential legal matter.