When you lose a family member in an incident where others were responsible, you may be experiencing anger and frustration in addition to your grief. A wrongful death lawsuit will allow you to seek justice and make sure that this type of incident doesn’t happen again.
Under the California wrongful death statute, every heir that is named by the law is allowed to recover monetary damages for the loss that they have personally suffered due to their loved one’s death.
Only the people who are specifically named by California Code of Civil Procedure Section 337.60 are allowed to bring a wrongful death action. The surviving spouse, domestic partner, children, the children of any deceased children, or the person who would be entitled to the deceased person’s property through intestate succession are entitled to file a wrongful death action.
There are also some more complex rules about other people who may be allowed to file a wrongful death claim. If you think you may be entitled to file a wrongful death claim, you should speak to an experienced California Wrongful Death Attorney to learn about your rights.
Under California law, a wrongful death suit requires the following elements:
The victim’s death must have been caused by the wrongful act or negligence of another. The responsible party’s negligence or wrongful act must have played a substantial factor or been the probable cause of death. The liability must be proven by a “preponderance of the evidence.”
The death of an unborn child or fetus is not actionable under California wrongful death law.
Damages for wrongful death include:
There are a few different statutes of limitations or deadlines during which you must initiate a legal action for a wrongful death claim in California.
If you’re looking for a wrongful death attorney in California, you should find someone who is both highly experienced and knowledgeable in the area of wrongful death law.
If you would like to speak with an experienced California Wrongful Death law firm that has more than 30 years of experience in this area, schedule a free consultation with Alexander Law Group by clicking here.
WBOC.com DelmarvaLife Media Kit eats + drinks Outdoors Delmarva WBOC Classifieds MD Digital Political Ad Disclosures