In California, when someone dies as the result of another’s negligence or wrongful act, the survivors have what is called a “wrongful death claim.” This type of claim is a civil lawsuit brought directly by the survivors or personal representative of the deceased person. Fault is expressed entirely in terms of money damages.
Who Can File a Wrongful Death Claim in California?
California law is very specific about who has the right to file a wrongful death lawsuit.
The following parties are allowed to bring a claim under the law:
• Surviving spouse
• Domestic partner
• Surviving children
• If no survivors in line of descent, anyone “who would be entitled to the property of the decedent by intestate succession” (this may include parents or siblings, depending on who is alive at the time of the person’s death)
There are also additional parties that may bring a claim if they were financially dependent upon the deceased person. They are:
• “Putative spouse”* and children of the putative spouse
• Stepchildren
• Parents
*Under California law, a putative spouse is someone who believed in good faith that they were legally married, but due to some flaw (like a previous marriage) they aren’t.
Damages Available in a California Wrongful Death Claim
There are many different kinds of personal injury damages available in a wrongful death claim in California. The amounts and types will vary based on the circumstances of that given case.
In a wrongful death action, the damages are separated into two different categories: losses associated with the death go to the estate, while losses suffered as a result of the death go to the surviving family members.
Losses that are usually attributed to the estate are:
• Funeral and burial expenses
• Medical and hospital bills
• Lost income, including income, reasonably anticipated future earnings
Losses that are usually attributed to surviving family members include:
• Value of household services
• Loss of financial support
• Love of love, affection, moral support, guidance, and consortium
When Does a Wrongful Death Claim Have to be Filed?
Wrongful death claims are similar to personal injury claims in that they must be filed within two years of the decedent’s death. This is called the statute of limitations. If the action isn’t filled in the proper court within this time, the family will waive their right to sue.
Grieving after the Loss of a Loved One
When it comes to an action such as this, compassion seems like it may get quickly lost. Dealing with an unexpected loss is hard enough. Getting lawyers involved can feel like the last thing a family wants to think of.
We are not here to get in the way of the grieving process, only to help. We understand that grieving is an important part of loss. It’s also important to make sure that those affected by the loss still take care of themselves, both physically and financially. It can be easy to get consumed in sadness and depression during this time.
In some cases, the lost person may have been very important financially to the family. There is no reason that the surviving family has to suffer further because of someone else’s negligence or wrongful act.
California Wrongful Death Attorney
My name is Dan Hanecak and I am a California personal injury lawyer. My firm’s job is to help you and your family through the entire process. We treat each of our clients as our family and aim to get the financial justice that you deserve for your loss.
If you have any questions, please give me a call at (916) 619-5452 where you can speak with me directly. You may also fill out a form on our website and I will personally give you a call.
