Losing a family member due to someone else’s negligence is devastating — and California law gives surviving family members the right to pursue justice through a wrongful death lawsuit. This guide explains who can file, what you can recover, and how the process works.
Who Can File a Wrongful Death Lawsuit in California?
Under California Code of Civil Procedure Section 377.60, the following individuals may bring a wrongful death action: the surviving spouse or domestic partner, surviving children, and surviving grandchildren if the victim’s children are deceased. If none of these exist, any person who would be entitled to the victim’s property under California’s intestate succession laws may file. In some cases, financial dependents who are not legal heirs may also have standing.
What You Can Recover in a California Wrongful Death Case
California wrongful death damages fall into two categories. Economic damages include: financial support the deceased would have provided, loss of gifts or benefits the claimants would have expected, funeral and burial expenses, and the reasonable value of household services the deceased would have provided. Non-economic damages include: loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support — the real human cost of losing someone who cannot be replaced.
California does not allow recovery of pain and suffering experienced by the deceased before death in a wrongful death action — that is handled in a separate survival action brought by the estate. An experienced wrongful death attorney will pursue both actions simultaneously where applicable.
How Long Do You Have to File in California?
The statute of limitations for wrongful death claims in California is generally two years from the date of death. Claims against government entities have a shorter timeline — a government tort claim must be filed within six months. Do not wait to consult an attorney.
Free Consultation — California Wrongful Death Attorney
Krash Lawyers handles wrongful death cases throughout California on contingency — no fees unless we recover compensation for your family. Call (818) 471-7709 for a free, confidential consultation.
Related: California Wrongful Death Lawyers | Santa Ana Personal Injury Attorney | Truck Accident Lawyers | Jerry Rulsky, Esq.
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