Pursuing Compensation After A Loved One’s Tragic Death In California
Losing a loved one is always a heart-wrenching experience, especially when their death is sudden and due to someone else’s negligence or wrongful actions. In California, families of the deceased can seek justice and compensation through a wrongful death claim. This process can seem daunting, but understanding your rights and the legal landscape can provide some clarity during such a difficult time.
Understanding California Wrongful Death Law
Under California law, wrongful death is defined as a death caused by the wrongful act or neglect of another (California Code of Civil Procedure Section 377.60). This statute allows the deceased person’s surviving family members to file a lawsuit seeking compensation for their loss. The purpose of a wrongful death claim is to provide financial support to the deceased’s dependents and to hold the responsible party accountable
Who Can File A Wrongful Death Claim?
In California, the following individuals are eligible to file a wrongful death claim:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s surviving children
- If there is no surviving person in the deceased’s line of descent, then anyone who would be entitled to the property of the decedent by intestate succession, such as parents or siblings
Types of Compensation Available
When filing a wrongful death lawsuit, several types of compensation may be available, including:
Economic Damages -These are financial losses such as funeral and burial expenses, loss of the deceased’s expected income, and loss of household
Non-Economic Damages: These include the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
The Process Of Filing A Wrongful Death Claim
Having a knowledgeable and experienced lawyer by your side can significantly ease this process. Filing a wrongful death claim involves several steps. Initially, a thorough investigation is necessary to gather evidence supporting the claim. This may include obtaining medical records, police reports, witness statements, and retaining experts.
Once the evidence is collected, a complaint is filed in the appropriate California court. The defendant then has an opportunity to respond, and the discovery process begins. During discovery, both parties exchange information relevant to the case. This phase can include depositions (sworn testimony outside of court), interrogatories (written questions that must be answered under oath), and requests for documents.
If the case does not settle during negotiations or mediation, it proceeds to trial. At trial, both sides present their arguments, and a judge or jury determines the outcome and the amount of compensation, if any, to be awarded.
Statute of Limitations
It is crucial to be aware of the statute of limitations for wrongful death claims in California. Generally, a wrongful death lawsuit must be filed within two years from the date of the deceased person’s death (California Code of Civil Procedure Section 335.1). Failing to file within this timeframe can result in losing the right to seek compensation.
FAQs About Wrongful Death Claims In California
What is a wrongful death claim?
A wrongful death claim is a lawsuit brought by the surviving family members of a deceased person whose death was caused by the wrongful act or negligence of another. The purpose is to seek compensation for the losses suffered by the family.
Who can file a wrongful death lawsuit in California?
In California, the deceased person’s surviving spouse, domestic partner, children, and any other individuals who would be entitled to the decedent’s property by intestate succession (such as parents or siblings) can file a wrongful death lawsuit. Others who were financially dependent on the deceased, like putative spouses or stepchildren, may also be eligible.
What damages can be recovered in a wrongful death case?
The damages recoverable in a wrongful death case include economic damages (like funeral expenses and lost income), and non-economic damages (such as loss of companionship and emotional support).
How long do I have to file a wrongful death claim in California?
The statute of limitations for filing a wrongful death claim in California is generally two years from the date of the deceased person’s death. It is important to act within this period to preserve your right to seek compensation.
Call Our Oakland Wrongful Death Attorneys For Your Free Consultation
If you have lost a loved one due to someone else’s negligence or wrongful actions, you don’t have to navigate this challenging time alone. At Bracamontes & Vlasak, we understand the pain and difficulty you’re facing and are here to help you seek the justice and compensation you deserve. Contact our Oakland wrongful death lawyers at Bracamontes & Vlasak at 415-835-6777 to receive your free consultation. Let us support you in holding the responsible parties accountable and securing the financial support you need to move forward.
