What Is a Wrongful Death Claim in California?
A wrongful death claim in California is a civil lawsuit filed by surviving family members when a person dies as a result of another party’s negligence, recklessness, or wrongful act. These claims are intended to hold the responsible party accountable and to help families recover compensation for both economic and non-economic losses caused by the death.
Wrongful death claims commonly arise from car accidents, medical malpractice, workplace incidents, defective products, and other preventable situations where safety laws or standards were violated.
Who Can File a Wrongful Death Claim in California?
Under California law, only certain individuals are eligible to file a wrongful death claim. Typically, this includes the deceased person’s surviving spouse or domestic partner, children, or – if none exist – other dependents or heirs who would be entitled to inherit under California’s intestate succession laws.
In some cases, stepchildren, parents, or other individuals who were financially dependent on the deceased may also have the right to pursue a wrongful death lawsuit. Determining eligibility can be complex, which is why families often benefit from speaking with a wrongful death lawyer at ER Trial Lawyers to understand their rights under California law.
What Damages Are Available in a California Wrongful Death Case?
In a California wrongful death case, surviving family members may be entitled to recover compensation for both economic and non-economic damages related to their loss. These damages are intended to address the financial impact of the death as well as the emotional and relational harm suffered by loved ones.
Compensation in a wrongful death claim may include funeral and burial expenses, loss of financial support, loss of household services, and the loss of love, companionship, comfort, care, and guidance the deceased would have provided. The specific damages available depend on the circumstances of the case and the relationship between the deceased and the surviving family members.
Common Causes of Wrongful Death in California
Wrongful death claims can arise from many different types of fatal accidents and negligent conduct. In California, these cases most often involve situations where safety rules, professional standards, or basic duties of care were violated.
Common causes of wrongful death include car accidents, truck and motorcycle crashes, pedestrian and bicycle accidents, medical malpractice, workplace accidents, defective or dangerous products, and premises liability incidents such as unsafe property conditions. Regardless of how the death occurred, the key legal issue is whether another party’s negligence or wrongful act caused the loss of life.
How Long Do You Have to File a Wrongful Death Claim in California?
In most cases, California law requires wrongful death claims to be filed within two years from the date of the person’s death. This deadline is known as the statute of limitations, and failing to file within this timeframe can permanently bar surviving family members from recovering compensation.
There are limited exceptions that may shorten or extend the filing deadline, such as cases involving medical malpractice, government entities, or delayed discovery of the cause of death. Because these rules can be complex, families are encouraged to speak with an Ellis and Riccobono wrongful death lawyer as soon as possible to protect their legal rights.
Why Choose ER Trial Lawyers for Your Wrongful Death Case?
Wrongful death cases are emotionally complex and legally demanding. Choosing the right law firm can make a meaningful difference in how your case is handled and resolved. At ER Trial Lawyers, we represent grieving families with compassion, transparency, and relentless preparation.
Our attorneys are trial lawyers first. We investigate thoroughly, work with respected experts, and prepare every wrongful death case as if it will be presented to a jury. This trial-ready approach positions our clients strongly in negotiations and ensures we are fully prepared to pursue justice in court when necessary.
Frequently Asked Questions About Wrongful Death Claims in California
What qualifies as a wrongful death in California?
A wrongful death occurs when a person dies as a result of another party’s negligence, recklessness, or intentional misconduct. Common examples include fatal car accidents, medical malpractice, workplace incidents, defective products, and unsafe property conditions.
Who can file a wrongful death lawsuit in California?
Typically, the deceased person’s surviving spouse, domestic partner, or children may file a wrongful death lawsuit. If none exist, other heirs or individuals who were financially dependent on the deceased may be eligible under California law.
What damages can be recovered in a California wrongful death case?
Recoverable damages may include funeral and burial expenses, loss of financial support, loss of household services, and the loss of companionship, care, comfort, and guidance the deceased would have provided.
How long do you have to file a wrongful death claim in California?
In most cases, wrongful death claims must be filed within two years from the date of death. Certain exceptions may apply, such as cases involving medical malpractice or government entities.
Do I need a lawyer to file a wrongful death claim?
While it is possible to file a claim without a lawyer, wrongful death cases are legally complex and emotionally difficult. An experienced wrongful death lawyer can help protect your rights, handle negotiations, and pursue full compensation on your behalf.
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