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Defenses Against a Wrongful Death Lawsuit

Dec 8, 2022 | California

A wrongful death lawsuit arises when a loved one has sustained a fatal injury due to someone else’s negligence. It is still essential to know your rights and understand the available defenses people can claim when they have a wrongful death case suit against them by another party.

What is a Wrongful Death Action?

Though the regulations governing wrongful death cases can differ from state to state, the beneficiaries may file a personal injury lawsuit on the decedent’s behalf., Many defenses available in personal injury claims are also accessible in wrongful death litigation since these sorts of cases are based on the concept of personal injury.

What are the Common Defenses in California Wrongful Death Cases?

Here are some of the primary defenses available in wrongful death cases:

  • Statute of Limitations

The statute of limitations for wrongful death claims is two years, in California. You will not be able to file a lawsuit if you miss this window of time. You should contact an attorney after any accident that resulted in a wrongful death because of the negligence of another.

There are further defenses as well, such as those that the deceased could have used to his or her disadvantage had they survived and filed their own personal injury lawsuit. Defenses include:

  • Causation
  • Comparative careless
  • Assumed comparative negligence

Therefore, any of above mentioned can potentially impact the compensation.

  • Self-Defense

This can be used only if a person believed there is a danger of harm or death.

  • No Causation

The other party must prove that the defendant was liable for his death.

  • Release Agreement

Before participating in any semi-dangerous activity, there can be a requirement to sign a release agreement. These agreements are a legal form of self-defense in situations of simple negligence. Still, they are ineffective when the actions are deliberate or the consequence of extreme carelessness. Participants agree not to file a lawsuit if they suffer harm in accordance with the agreement.

  • Assumption of Risk

A defendant may contend that the deceased accepted the risk associated with the activities that led to their death. The decedent must have known and understood the risks associated with the conduct or behavior for this defense to apply, which is not always the case.

  • Decedent’s Involvement in an Illegal Activity

Some individuals can argue that the victim of the fatal injury was participating in an illegal activity. As KAASS LAW wrongful death attorneys, we will evaluate each case differently. This will help us to see whether we can assist the decedent’s family.

When Should You Contact KAASS LAW Attorneys When Accused Of Wrongful Death?

The defenses described here are just a sample of the most typical objections a decedent’s family may encounter when filing a claim following a fatal accident.

It is in your best interests to speak with a knowledgeable wrongful death attorney, regardless of whether you are the plaintiff or the defendant in a criminal death action. Your attorney can assist you, in determining whether you have a strong case and defending your legal rights. Your attorney can also ensure to file the suit before the statute of limitations expires.

Contact KAASS LAW Wrongful Death Experienced Attorneys Today!

Wrongful death cases are one of our many practices. Please dial 310-933-5171 to speak to our specialized attorneys.

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