What is a Wrongful Death claim?
Wrongful death is a legal term that refers to a situation where the negligence, recklessness, or intentional actions of another party cause a person's death. Wrongful death claims are a specific type of personal injury lawsuit filed on behalf of the deceased person's survivors or estate. In these cases, the deceased's family members or legal representatives seek compensation for the losses resulting from the death.
Who can file a Wrongful Death claim in California?
A wrongful death claim, California Code of Civil Procedure 377.60, can be filed by the surviving spouse, domestic partner, children, and dependent minor. The claim gives the right to recover:
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Funeral Expenses
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Potential future Income of the deceased
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Compensation for loss of support and companionship
What are the critical elements of a wrongful death claim in California?
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A death occurred
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Causes of Wrongful Death can result from a variety of circumstances, including car accidents, medical malpractice, workplace accidents, defective products, criminal acts, and other situations where negligence or intentional misconduct led to a fatal outcome.
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Compensation for Damages in a wrongful death claim can include economic and non-economic losses such as medical expenses, funeral and burial costs, loss of financial support, loss of companionship, and pain and suffering experienced by the deceased before death.
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Survivors and Beneficiaries can file a wrongful death claim, vary by jurisdiction, but typically, close family members such as spouses, children, and parents are eligible to file. In some cases, other dependents or individuals who suffer financially due to the death may also have the right to file.
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Burden of Proof in a wrongful death claim, the plaintiff (the party bringing the lawsuit) must establish that the defendant's actions or negligence directly caused the death and that the death resulted in compensable damages.
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The statute of Limitations for a wrongful death claim is typically two years from the date of the decedent’s death. However, in certain cases, you may be required to act much sooner. For example, in medical malpractice/negligence cases, the statute of limitations is one year from the date of injury, and in cases against government entities, you may be likely to file an administrative claim within 6 months prior to filing a lawsuit. Failure to take immediate action within the prescribed time frames will result in your claims being barred as a matter of law.
If you have lost someone due to wrongful death, it’s in your best interest to discuss your case with a California Wrongful Death attorney. Strongin LLP attorneys are experienced trial attorneys familiar with the ins and outs of wrongful death and related claims.
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