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What is “wrongful death?”
A wrongful
death occurs when the negligent, intentional, or
reckless conduct of a person causes the death of
another. The decedent's surviving family members may sue
to recover compensation for the decedent's death.
Who can bring a wrongful death claim in
California?
In California, a decedent's
personal representative may bring a wrongful death
lawsuit on behalf of the following family members that
survive the decedent:
- Spouse
- Domestic partner
- Children or issue of deceased
children
If the aforementioned parties are deceased, those
next in line to inherit the decedent's property by
intestate succession may bring a wrongful death claim.
Potential claimants include parents, brothers and
sisters, and grandparents.
The following
claimants may bring a claim if they were dependent on
the decedent at the time of death:
- Putative spouse (a person that had a
good faith belief that they were legally married to
the decedent even though the marriage was unrecognized
by law)
- Children of the putative spouse
- Stepchildren
- Parents
- A minor that was living in decedent's
house for 180 days before the decedent's death and was
dependent on the decedent for at least one-half of
their support
What elements does a claimant have to show to
establish a wrongful death?
The plaintiff
must establish the following elements:
- The decedent's death was caused by
the defendant's conduct;
- The defendant was negligent,
reckless, or engaged in intentional conduct;
- The decedent's family members are
alive; and
- The decedent's family has suffered
monetary damages because of the decedent's death.
What is the time limit for filing a wrongful
death claim?
It is best to consult with a
wrongful death lawyer as soon as
possible. This will help to ensure that the claim is
filed before it is prohibited by California's wrongful
death statute of limitations. A statute of limitations
is a law that governs the time that a claimant has to
file a lawsuit. In California, the statute of
limitations for a wrongful death claim is two years from
the date of the accident that caused the decedent's
death.
What types of damages are recoverable
in a wrongful death lawsuit?
A wrongful death
lawyer can help a claimant recover economic and
noneconomic damages. Economic damages include recovery
for funeral and burial costs, medical costs, loss of the
decedent's expected income, loss of medical benefits,
loss of pension, and a damage award for the value of the
goods and services the decedent would have provided.
Noneconomic damages include an award for the pain and
suffering of the survivors, loss of consortium, loss of
companionship, and loss of care, guidance, and
advice.
If you would like to learn about
whether you have a wrongful death case or if you have
questions regarding your legal rights, please contact
us.
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