Wrongful Death :
What is a Wrongful Death Claim?
A Wrongful Death Claim is a Civil Lawsuit that is filed when a person dies as a result of the wrongful act or negligence of another person/entity.
Who can file a Wrongful Death Claim?
The following parties have the right to file a Wrongful Death Claim:
- Spouse of the deceased
- Domestic partner of the deceased
- Children of the deceased
There are few exceptions which an experienced Wrongful Death Attorney can explain when filing a Wrongful Death Claim.
Right to Compensation :
The survivors of the deceased or a personal representative of the estate can file a Wrongful Death Claim. The fault is expressed only in terms of Monetary Damages which the defendant has to pay to the decedent’s estate/surviving family.
Expenses compensated to the Estate include:
- funeral and burial expenses
- Final medical and hospital bills for the deceased person
- Lost income, including potential income that the deceased person would have earned in the future.
Expenses compensated to the Surviving Family include:
- Value of household services
- Loss of anticipated financial support
- Loss of love, community, attention, affection, moral support, and guidance
What kinds of wrongful acts support a wrongful death claim?
Any type of claim based on Negligence, recklessness or an intentional wrongful act.
Wrongful acts include (without limitation):
- Car accidents
- Pedestrian knock-downs
- Slip and Fall accidents
- Drowning
- Assault and battery
- Murder or manslaughter
- Elder abuse or neglect
- Child abuse or neglect
- Medical Malpractice
Statute of Limitations :
California has a statute of limitation (time limit) of 2 years on wrongful death claims. It is critical for anyone who has lost their loved one by the negligence of another party to be aware of the Statute and hire a legal counsel for assistance in taking timely legal action.
If the case is not filed within 2 years of the date of death, the family will lose the right to file the Wrongful Death Claim.
It is in your best interest to immediately contact an experienced Wrongful Death attorney. An experienced attorney will be able to immediately conduct a thorough investigation into the cause of your loved one’s death and make all court appearances on your behalf so you can take all the time you need to mourn.
What you need to know about Wrongful Death Cases
A wrongful death lawsuit claims that the victim was killed as a result of negligence (or other type of unjust action) on the part of the person or entity being sued, and that the victim’s survivors are entitled to monetary damages as a result of the improper conduct.
A Wrongful Death case compensation may cover:
Medical and funeral costs
Lost wages including future earnings
Lost benefits
Lost inheritance
Pain and suffering
Mental anguish
General damages
Punitive damages. However, the last compensation may not be awarded without additional evidence of malicious intent. Statutory time limits apply in all California wrongful death matters, which limit the amount of time you have to file a claim. All wrongful death matters are unique, complex and difficult in their own way, and we treat each case as such.
