Los Angeles Wrongful Death Attorney
In California, wrongful death actions can be filed by the following individuals:
1. Surviving spouses;
2. Domestic partners;
3. Children and grandchildren;
4. Person entitled to estate property through intestate succession; and
5. Certain classes of dependents. Cal. Civ. Proc. § 377.60.
California Statute of Limitations Wrongful Death
The statute of limitations for wrongful death actions in California is 2 years. If the death was the result of medical malpractice, 3 years after the date of the injury or 1 year after the injury is discovered, or through the use of reasonable diligence should have been discovered, the injury, whichever occurs first. However, if the decedent was injured in a car accident with a government employee or vehicle or at a government hospital/facility, you will have to file a government tort claim within 6 months. If you think your statute will expire soon, contact a Los Angeles wrongful death attorney immediately.
Wrongful, Tortious, Or Negligent Act
In order to recover for a wrongful death in California, the defendant must have committed a wrongful, tortious, or negligent act. The most common wrongful death cases seen in California occur as a result of vehicle collisions, given the sheer amount of cars we have on the road. In that situation, the family of the deceased person will have to prove that the defendant driver was negligent and was a substantial cause of the death before they can recover damages.
Wrongful Death Recovery California
Wrongful death plaintiffs in California can recover economic and non-economic damages.
California Wrongful Death Economic Damages include:
1. Financial support the deceased would have contributed to the family during either the life expectance of the deceased or the life expectancy of the family member filing the lawsuit, whichever is shorter;
2. The loss of gifts or benefits the family member would have expected to receive from the deceased person;
3. Funeral and burial expenses;
4. The reasonable value of household services the deceased would have provided.
California Wrongful Death Non-economic Damages include:
1. The value of the loss of the deceased’s love, companionship, comfort, care, assistance, protection, affection, society, moral, and support;
2. The loss of enjoyment of sexual relations (spouses & partners);
3. The loss of training and guidance (children, grandchildren, & other heirs).
Disclaimer: The information contained in this post and website is not to be construed as legal advice. Each case and client is different and it is best to directly consult a Los Angeles wrongful death lawyer or licensed attorney in your region if you are involved in any other legal matter.