Can I File a Wrongful Death Claim in California?
When someone dies as the result of another person’s negligence or malice, the family is left reeling. Not only are they expected to grieve the loss of their loved one, they have to navigate the process of planning a funeral, handling an estate, dealing with the decedent’s belongings—and somehow paying for it all. While no amount of money can ever make an untimely loss right, it is the only option available to those left behind.
If you have lost someone through another person’s negligence, you may be considering a wrongful death claim in Southern California. Learn more about what it takes to file one of these claims and how the committed, experienced team at DeWitt Algorri & Algorri can fight aggressively for you. Call us at 855-WINNING (946-6464) to schedule a consultation now.
An Overview of California Wrongful Death Claims
Wrongful death claims aim to provide justice and compensation to surviving loved ones after an individual dies because of someone else’s negligence. Claims may be filed as a result of criminal activity, other intentional acts, medical malpractice, car accidents, or any other type of personal injury claim that results in death.
While this is the only way for loved ones to receive compensation, it does not mean that it’s the only legal remedy available for those seeking justice. Depending on the circumstances of the individual’s death, the person responsible could also face criminal charges for their actions. However, this is different and separate from civil claims.
Who Has the Right to File
Each state has its own laws regarding personal injury claims, and before you get too far into the process you should ensure that you have a right to file a wrongful death claim. Under California state law, the following parties can file:
- The individual’s spouse or domestic partner
- The individual’s children
- If the individual’s child is deceased, their children may file a claim
Other parties may also have this right if they can prove that they were financially dependent on the decedent. These include the person’s stepchildren, parents, legal guardians, and their putative spouse and putative spouse’s children.
What if there is no one surviving in the decedent’s direct lineage? You would look at California’s laws regarding intestate succession. Anyone who would be entitled to the decedent’s property under those laws would be able to bring a lawsuit against the liable party.
Damages You May Recover
California law allows surviving family members to recover both economic and non-economic damages in a wrongful death case. Economic damages include:
- Funeral and burial expenses
- Financial support that the decedent would have provided had they lived
- Gifts the decedent would have given if they had lived
- Household services provided by the decedent (such as childrearing, house cleaning, and so on)
Non-economic damages are those that are a little bit harder to calculate. How do you put a price on the moral support you receive from a spouse, for example? Unfortunately, financial compensation is the only option available to survivors, so a financial value must be placed on these losses:
- Loss of companionship, moral support, and affection
- Spouse’s loss of intimacy with the decedent
- Loss of advice and guidance provided by the decedent
Calculating damages is a challenge when you’re talking about the loss of a loved one. It’s important to work with a wrongful death attorney with the ability to discuss these matters in a thoughtful and empathetic manner, while still holding the other party accountable and demanding what you deserve.
3 Facts About Filing a Wrongful Death Claim
- Are workplace injuries applicable cases? Workplace injuries are generally not subject to wrongful death litigation because they fall under workers’ compensation statutes. Workers’ compensation laws are in place to protect both employees and employers in the event of an accident on the job, so civil suits are usually barred.
- What are the different types of wrongful death claims? Wrongful death claims may vary depending on who the deceased is and on the nature of the death. A claim regarding the death of a child will be different than one that concerns the death of a parent. Wrongful death claims can be filed after a variety of fatal accidents, including auto accidents, medical malpractice, nursing home abuse and other types of negligence.
- Is there a time limit to file a wrongful death suit? There are definitely time restrictions on when you can file a wrongful death claim. This is called a statute of limitations. In California, generally you have two years to file a wrongful death claim, but read our article linked above to learn about exceptions and conditions. We urge you to call us to discuss your matter in detail.
Wrongful death claims are complicated and difficult to pursue while you are still grieving the loss of a loved one. An experienced personal injury attorney can help you understand your rights and protect your family’s future.
Start Your Claim With DeWitt Algorri & Algorri
From the team at DeWitt Algorri & Algorri, we are truly sorry for your loss. We understand how difficult this time must be for you, and we hope to take some of your stress by helping you through the legal side of your loss. Set up a time to talk to us now by calling 855-WINNING (946-6464) or reaching out online.
Mark Algorri has successfully represented individuals and their families in matters involving serious and catastrophic injuries, insurance claims denials, and wrongful deaths, achieving a success rate of 99 percent for our clients.
