Contact Us

Contact Us

When insurance companies are looking out for themselves - we are here to look out for you

Get in touch with us

Call for a Free Consultation

Serving Central California

Specializing Exclusively in Personal Injury Since 1975

Information on California's Wrongful Death Law

Information on California's Wrongful Death Law

Posted By The Dunnion Law Firm || 6-Nov-2015

A “wrongful death claim” occurs when a person dies due to the negligence of another individual or entity. These types of incidents are considered civil lawsuits and can be brought to court by survivors of the deceased or by a representative of the deceased’s estate. It is important to keep in mind that wrongful death lawsuits must be brought to court within two years of the decedent’s death.

The amount of damages owed as compensation is to be determined by the court, which orders the defendant to pay the deceased person’s survivors if the lawsuit is successful.

What Persons are Allowed to File a Wrongful Death Lawsuit in California?

Under California’s wrongful death statute, the following persons can bring a wrongful death claim to court:

  • Spouse of the deceased person
  • Children of the deceased person
  • The deceased person’s domestic partner

If no survivors exist in the lost person’s line of descent, the lawsuit may be brought to court by whomever is entitled to the property of the deceased person by intestate succession. Furthermore, any persons who were financially dependent on the lost person can bring a wrongful death lawsuit to court. Examples of financially dependent individuals include the following:

  • Putative spouse of the deceased person
  • Children on the putative spouse
  • Stepchildren of the deceased person
  • Parents of the deceased person

What Expenses Can Be Recovered in a Successful Wrongful Death Lawsuit?

The amount of compensation awarded to parties during successful wrongful death lawsuits varies on a case-by-case basis. In most cases, money given to the estate includes compensation for the following expenses:

  • Funeral costs
  • Burial costs
  • Medical and hospital expenses for the lost person’s final injuries or illnesses
  • Lost income

Money awarded to surviving members can include compensation for the following:

  • value of household services
  • Loss to compensative for anticipated financial support
  • Loss of love
  • Loss of community
  • Loss of attention and affection
  • Loss of moral support and guidance

Have You Suffered the Loss of a Loved One Due to the Negligence of Another Individual or Entity?

If you have lost a loved one due a negligent individual or entity, you have the right to pursue justice through a wrongful death claim. At The Dunnion Law Firm, our California wrongful death lawyers understand how difficult and emotional life can become after you have experienced such a tragedy. That is why our team is here to assist you by providing you with a 100% risk-free consultation. During your consultation, we will take the time to understand the various details of your case and explain how we can help you recover compensation for your losses.

Don’t wait. When you have been wronged, let us pursue justice for you. Call our California wrongful death attorneys today!

Categories: Wrongful Death