In California, a wrongful death suit can be filed if a person dies as a result of an intentional or negligent act.
The law gives relatives, domestic partners, and individuals who depend on the victim for support the right to sue the person who caused the death.
Wrongful death cases are always a tragedy because if not for one negligent act, the whole situation could have been avoided. Wrongful deaths can be caused by various things like:
• A motorcycle and car accident
• Excessive use of force by the police
• A trip, slip and fall accident
• Industrial accidents
• Medical malpractice
• Defective products
Statute of Limitation
Under California laws, the statute of limitations for filing a wrongful death case is two years from the accident.
If the family member or concerned individual failed to file charges within that time, then they lose their right to sue the liable party.
There are exceptions from the rule though. The rule does not apply for wrongful death cases that are caused by medical malpractice or by building and premises hazards.
If the liable party in a wrongful death case is the government entity, a claim should be filed with that government entity within 6 months after the accident.
If the government entity denies the claim, then a wrongful death charge should be filed within 6 months after the denial.
Who can file for a Wrongful Death Case?
Not all family members of the victim can file for a wrongful death case.
Under California law, a wrongful death lawsuit can be filed by any of the following:
• The victim’s spouse, domestic partner, children, and offspring of deceased children. If the victim has no surviving children, the person who would be entitled to the properties and assets of the victim by intestate succession (a person dying without a will) can also file the civil lawsuit.
• The putative spouse and the children of the putative spouse, stepchildren and the parents. To note, a putative spouse refers to the surviving spouse from a void marriage that is found by court to have believed in good faith that the marriage with the victim was valid.
• A minor who is a dependent and resided with the victim for at least 180 days prior death.
Damages in a Wrongful Death Lawsuit
The damages in a wrongful death suit can be determined by the following factors:
• The financial support that the victim could have provided his/her heirs in the future if he/she did not die
• The age of the victim upon death and of his/her surviving family
• The health of the victim and his/her heirs
• Life expectancy of the victim
• The level of affection given by the victim to his/her heirs
• The victim’s disposition in supporting his/her heirs financially
• The earning capacity of the victim
• The victim’s work and financial habits
• Other evidences that will prove the other benefits that the surviving family could have received if the victim was still alive
To make sure that they are getting what they deserve from both the defendant and the insurance companies, the families can hire a wrongful death attorney to help them in their legal battles.
To help you pursue a
wrongful death suit, consult with our expert
Los Angeles personal injury lawyers. Visit our website and avail of our free case evaluation.
