CALIFORNIA WRONGFUL DEATH

In California, one may be able to recover monetary damages in a wrongful death lawsuit. Wrongful death refers to someone’s death caused by another individual, organization, or company’s negligence. As an example, if your son or daughter was killed in a car accident because of another person’s negligence, then you may file a wrongful death lawsuit against that person. If you have had to endure an unfortunate scenario where someone close to you has died due to someone else’s negligence, then you should contact a California wrongful death attorney to see if you can recover wrongful death damages.

Why Hire A California Wrongful Death Lawyer?

There is nothing more emotionally draining that losing a loved one. When going through this process, the last thing you need to make things more difficult and stressful is to try to understand the rules and procedures pertaining to a wrongful death lawsuit on your own. To help alleviate this stress, you should consult a California wrongful death lawyer that will help you meet exact filing deadlines, ensure that important evidence is located and preserved, and that the best possible case is presented in court. A California wrongful death attorney is well versed in the law associated with wrongful death lawsuits, understands the system, and knows the steps that must be taken to timely file a wrongful death claim in California.

Due to the complex nature of wrongful death lawsuits, it is unwise to go into these cases alone. As such, it is highly recommended that you seek advice from an experienced California wrongful death attorney.

Statute Of Limitations For California Wrongful Death Claims

A person seeking to bring a wrongful death lawsuit must file the suit within the statute of limitations, the time frame required by state law. Under California law, a party typically must file a wrongful death lawsuit within two years of the date that the defendant’s negligence caused the person’s death. There are a couple exceptions to this general rule:

First, in wrongful death cases resulting from exposure to hazardous material or a toxic substance, a party may bring a wrongful death suit either: a) two years from the date of the death decedent; or b) two years from the first date on which the plaintiff is aware of (or reasonably should be aware of) the physical cause of the death and the facts to let a reasonable person know that the death was caused by the wrongful act of another.

Second, a party bringing a suit against a health care provider for wrongful death must bring the suit either: a) within three years after the date of the injury causing death; or b) within one year after the plaintiff discovers (or reasonably should have discovered) the injury that caused the death.

If you have any additional questions regarding the statute of limitations of certain causes of wrongful death suits, then you should consult a California wrongful death lawyer.

Kinds Of Wrongful Death Lawsuits In California

In California, wrongful death lawsuits may come in the following types of actions (non-exhaustive):

• Car accidents
• Hazardous material or toxic substance
• Asbestos
• Medical malpractice

Any questions or concerns regarding whether your case qualifies for bringing a wrongful death lawsuit under California law should be directed to a California wrongful death lawyer.

Who Can File For And Recover Wrongful Death Damages In California?

In California, the list of people who can file for and recover wrongful death damages is somewhat complicated. Generally, the following people always may be awarded damages in a wrongful death suit:

• Victim’s surviving spouse
• Victim’s domestic partner
• Victim’s children
• People who would be entitled to benefit under intestate succession (die without a will) under California law

In addition to the list above, the following people may also recover damages if they were dependent upon the deceased person:

• The putative spouse (surviving spouse of a void marriage that honestly believed that she was still legally married to the husband)
• Stepchildren
• Parents

In addition to both of the lists above, a minor that resided in the deceased’s house may also recover damages in a wrongful death lawsuit. In order to recover, the minor must have lived with the deceased for the previous 180 days (prior to the deceased’s death) and was dependent on the deceased for one-half or more of his or her support.

Due to the complexity in understanding who may recover wrongful death damages in California, one should consult a California wrongful death attorney to ensure that he or she does or does not qualify.

Compensation Recoverable In A California Wrongful Death Lawsuit

In California, The damages awarded will compensate the plaintiff for all the detriment (foreseeable) resulting from the injury. Courts will grant a variety of different forms of compensation for plaintiffs in wrongful death lawsuits. The following forms of compensation are recoverable in California:

• Financial support deceased would have contributed to the family during the plaintiff’s lifetime
• The amount worth of gifts or benefits that plaintiff would have expected from the deceased
• The deceased’s funeral or burial expenses
• The value (reasonable) of the household services the deceased would have provided
• The value of the loss of the deceased’s love, companionship, comfort, and care
• The value of the enjoyment of sexual relations with the deceased that is lost
• Punitive Damages if it is a case where the deceased would have had a cause of action for punitive damages had he or she survived

Due to the complex nature of some of the available forms of compensation available in a wrongful death lawsuit, please be sure to consult a California wrongful death attorney to ensure that you are able to recover everything in which you are legally entitled.

California Code of Civil Procedure

California Wrongful Death Provisions

1. Kinds of Wrongful Death Lawsuits
   • CA Code of Civil Procedure § 335-349.4.
2. Statute of Limitations
   • CA Code of Civil Procedure §§ 335.1, 340.2, 340.5.
3. Who Can Be Awarded Damages for Wrongful Death
   • CA Code of Civil Procedure § 377.60.
4. Recoverable Damages
   • CA Civil Jury Instructions § 3921.