Wrongful Death
Wrongful Death: Negligence or Wrongdoing
Losing a loved one due to someone else’s negligence or wrongdoing is devastating. In California, wrongful death lawsuits provide a pathway for surviving family members to seek justice and compensation for their loss. Below, we explain key aspects of wrongful death claims, including who can file, compensable damages, the statute of limitations, and how to strengthen your case.
Who Can File a Wrongful Death Claim in California?
Under California law, specific individuals have the legal right to file a wrongful death lawsuit. These individuals include:
- The decedent’s spouse or registered domestic partner
- The decedent’s children
- If no spouse, domestic partner, or children exist, individuals who would be entitled to inherit from the decedent under California’s intestate succession laws (e.g., parents or siblings)
In some cases, those who were financially dependent on the decedent, such as stepchildren or putative spouses, may also have a right to file.
What Damages and Claims Are Compensable?
A wrongful death lawsuit can help recover both economic and non-economic damages, which may include:
- Economic Damages:
- Funeral and burial expenses
- Loss of the decedent’s financial support
- Loss of household services provided by the decedent
- Non-Economic Damages:
- Loss of companionship, love, and moral support
- Loss of guidance and training (particularly for minor children)
Punitive damages are generally not available in wrongful death claims but may be pursued in a related survival action, which allows for the recovery of damages the decedent could have claimed had they survived.
Statute of Limitations
In California, the statute of limitations for filing a wrongful death claim is typically two years from the date of the decedent’s death. In medical malpractice cases, it is typically one year from the date of the malpractice or date of discovery of the malpractice. However, if a public entity is involved, you may need to file a claim within six months. It’s crucial to act promptly to preserve your rights.
How to Establish Damages
Building a strong case often requires presenting compelling evidence to substantiate your claims. Some ways to establish damages include:
- Photographs and Videos: Provide images or recordings that highlight the decedent’s relationships with family members or the impact of their absence on loved ones.
- Memorial and Funeral Materials: Submit funeral programs, eulogies, or other memorial items that demonstrate the significance of the decedent’s life.
- Financial Records: Include pay stubs, tax returns, or other documentation to calculate lost financial contributions.
- Personal Testimonies: Statements from family, friends, or colleagues can help illustrate the emotional toll of the loss.
Traut Injury Law lawyers often hire settlement documentary video production companies to produce a 10 to 15 minute piece that describes the significance of the loss to affected family members. It is often a helpful tool to maximize the recovery for the family.
Why Choose Us?
Navigating a wrongful death claim requires compassion, skill, and a thorough understanding of California law. Our dedicated team is here to guide you through every step of the process, from filing your claim to presenting the strongest possible case. Contact Traut Injury Law today for a free consultation.
