Families frequently experience profound grief, anger, and shock after the wrongful death of a loved one. Grieving families may also be hit with sudden, high costs for funeral and burial services, along with substantial medical bills if the deceased received treatment before passing.
A Monterey wrongful death lawyer at Dunnion Law can ensure all claims are filed within the state’s strict deadlines to preserve the right to sue. Our personal injury attorneys provide legal representation for families in California who have lost loved ones due to negligence. Our approach focuses on securing maximum financial recovery while alleviating the emotional burden of the legal process.
Filing a wrongful death claim requires specific eligibility, legal proof, and deadline criteria. Under California Code of Civil Procedure § 377.60, only certain surviving family members and other eligible individuals may file a wrongful death claim. They are categorized in order of priority:
To win a wrongful death case, claimants must prove four core elements: the defendant owed the deceased a duty of care, they breached that duty through negligence or intent, the breach was the direct cause of the death, and the death resulted in damages for the survivors.
Although California Code of Civil Procedure § 335.1 generally provides a two-year deadline, certain circumstances may affect when the statute of limitations begins or whether it is tolled (paused). For claims against government entities, a much shorter claim notice (often six months) must be filed first. An attorney can determine whether any exceptions apply based on the facts of the case.
State law also requires all eligible heirs to join in one single lawsuit. This one-action rule prevents defendants from facing multiple, separate lawsuits from different family members for the same death. A Monterey attorney can evaluate your potential wrongful death claim and help you understand the deadlines as well as legal options that apply to your case.
A Monterey wrongful death lawyer can provide unwavering legal support and a path to justice and compensation during an incredibly difficult time. In California, recoverable damages in a wrongful death case are intended to compensate surviving heirs for the loss of support they would have reasonably expected from the deceased if they had lived. These damages fall into two primary categories.
The first category is economic damages. These are quantifiable costs directly related to the death, including the financial support, income, wages, and benefits the deceased would have provided to heirs. Economic damages also cover funeral and burial expenses, the value of household services the deceased performed, and the loss of expected gifts or inheritance.
Non-economic damages compensate for the subjective impact of the loss, such as the loss of the deceased’s love, companionship, society, moral support, and guidance. For spouses or domestic partners, this includes loss of consortium. It is important to note that heirs generally cannot recover for their own grief, sorrow, or emotional distress in a standard wrongful death claim in California.
Dunnion Law has been in operation since 1975 and remains a family-owned and operated firm. Since its inception, our firm has focused exclusively on personal injury and wrongful death cases in California. We have the resources to hire accident reconstructionists, medical experts, and financial analysts to prove liability and calculate the true value of the losses imposed by the death of your family member.
While no amount of compensation can make up for the loss of your loved one, a Monterey wrongful death lawyer can advocate for grieving families, seek justice, recover financial damages, and represent all eligible relatives in cases of death caused by another’s misconduct. By managing all legal filings, phone calls, and evidence collection, our legal team can enable your family to focus on mourning and personal recovery rather than administrative burdens. Contact Dunnion Law today to request your free case consultation.
