Glendale Wrongful Death Lawyers

What Is a Wrongful Death in California?

Wrongful death in California is defined as a death that results from the negligence, recklessness, or deliberate action of another. Common causes of wrongful death claims include car accidents, trucking accidents, motorcycle accidents, pedestrian accidents, premises liability incidents, criminal attacks, and falls. 

These tragic losses not only bring emotional devastation but also significant financial uncertainty to surviving family members, especially when the deceased was a breadwinner or provided parenting and family household services. California law allows certain family survivors to seek compensation for their loss through a wrongful death claim.

Who Can File a Wrongful Death Claim in California?

The following individuals or their representatives can file a wrongful death claim:

• Surviving spouses or domestic partners
• Children of the deceased
• Grandchildren of the deceased if the children are deceased
• Any other minor children, such as stepchildren, who depended on the deceased for economic support
• Individuals entitled to the deceased’s property under state law regarding intestacy (inheritance laws when an individual dies without a valid will)

Statute of Limitations for a Wrongful Death Claim in CA

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. This time limit is set by California Code of Civil Procedure section 335.1 and is crucial to adhere to if you wish to pursue legal action for wrongful death.

It's important to note that there are exceptions and unique circumstances that could alter the timeline or deadline for filing a wrongful death claim. For instance, if the death resulted from medical malpractice, the statute of limitations may differ. Additionally, certain situations might involve government entities, which can have stricter notice requirements and timelines.

Given the complexity of legal matters and the variations in statutes of limitations based on different factors, it is advisable to consult with a qualified attorney specializing in wrongful death cases in California to ensure you understand your rights fully and proceed within the relevant legal timeframes.

Compensation Available in Wrongful Death Claims

The types of compensation family members may be awarded in these cases include economic and non-economic damages. 

Economic damages include those verifiable by invoices and receipts, such as:

• Funeral and burial expenses: Out-of-pocket costs paid for the deceased's funeral service, burial, or cremation.
• Loss of income: The present value of the wages, benefits, and other earnings the deceased would reasonably have been expected to earn if they had not died.
• Medical expenses related to the injury before death: Hospital bills, medication costs, and any other healthcare expenses incurred due to the injury that led to death.
• Loss of potential inheritance: The value of what the decedent would likely have saved and left to heirs if they had lived an average expected lifetime.

Non-economic damages account for the subjective, non-tangible losses the deceased's survivors suffered. These can include:

• Loss of companionship and support: The emotional pain and suffering caused by the absence of the deceased's love, companionship, comfort, care, assistance, protection, advice, and guidance.
• Loss of consortium: For the surviving spouse or partner, this refers to losing the deceased's love, companionship, comfort, care, intimacy, and moral support.
• Loss of parenting guidance: For children of the deceased, this includes the loss of parental nurturing, education, guidance, and emotional support.
• Mental and emotional distress: Compensation for the grief, sorrow, and mental anguish suffered by the survivors due to the untimely death.