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Battery and Wrongful Death Cases in California

Jun 14, 2023 | Wrongful Death

A wrongful death attorney at KAASS LAW could file a wrongful death claim on your behalf if your loved one died due to the battery. Our firm’s attorneys are aware of the financial burden battery death places on the surviving family. During this trying time, a wrongful death attorney can represent the family in civil court, allowing family members to concentrate on moving on following an unexpected, wrongful death.

What is a Battery?

California Penal Code Section 242 PC brings the definition of battery. According to this section, it is prohibited to knowingly and unlawfully contact another person in an offensive or damaging way without that person’s agreement.

A battery consists of the following parts:

  • Unlawfully grabbing or hitting another person
  • Knowingly doing so
  • Doing so in a way that is hurtful or insulting

Can Another Party be Liable for a Wrongful Death Occurring as a Result of Battery?

Sometimes, you may be able to bring a negligent security claim against the owner of the premises where the assault took place. If the third party’s negligence led to or contributed to the wrongful death of your loved one, the third party may be held accountable.

To hold a landowner accountable for your damages, we must demonstrate each of the following four elements:

  • The owner of the property had a duty of care to the victim. Landowners must take reasonable precautions to safeguard guests legally on their land and its accesses (sidewalks and entry areas).
  • The defendant breached his obligation. The store’s owner didn’t give customers warning signs, request more police presence, install security cameras, or hire a security firm to patrol the store’s exterior. It was negligent of me to do nothing.
  • The victim’s death was the result of lax security. The thief assaulted and hurt him when the customer attempted to enter the store. The victim died due to the owner’s inability to react to the known threat to customers.
  • The crime may have been avoided with adequate security. The crime was expected, and having more protection would have stopped it. If there is inadequate security, the store owner may be accountable to the victim of the crime.
    Business owners must protect their patrons against potential criminal activity.

Who Can Bring a Wrongful Death Claim in California?

According to the California Code of Civil Procedure, Section 377.60,  relatives of the victim can file wrongful death lawsuits. The list of relatives includes:

  • Partner
  • Registered Domestic Spouse
  • Child
  • Grandchild
  • Parents

Anyone legally entitled to the deceased’s estate, such as dependents financially or through a successional relationship, may file the action if there are no remaining direct family members.

When Must Surviving Family Members Bring a Wrongful Death Claim in California?

A “statute of limitations” is a requirement that establishes a deadline for filing litigation. The statute of limitations in California is two years from the decedent’s passing for wrongful death claims. The “discovery rule” is a significant exemption to the statute of limitations. The amount of time that a person’s family has to bring a wrongful death lawsuit may be longer in circumstances where the cause of a person’s death was unknown at the time of the person’s death but was later identified.

What Kinds of Damages Are Possible in a Wrongful Death Claim?

Victims’ family members can get financial compensation. Awards for damages could consist of the following:

  • The accident-related medical costs before the victim’s death,
  • Pain and Suffering
  • Loss of friendship
  • Costs of burial and funeral expenses

KAASS LAW Wrongful Death Attorneys Are Available Right Now!

Experienced attorneys at KAASS LAW can assist you in recovering from the losses you have sustained in a battery-related death of a family member. Our firm’s wrongful death attorneys are available for consultation and legal evaluation of the incident’s circumstances. Call us at 310-933-5171 or visit our website for other practices.

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