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?
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
- Funeral costs
- Burial costs
- Medical and hospital expenses for the lost person’s final injuries
- 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!