Wrongful Death Lawsuits in California

cartwrightlaw - May 25, 2024 -

Have you tragically lost an immediate family member due to someone else’s negligence, recklessness, or intentional conduct? If so, you might be entitled to file a wrongful death lawsuit in California. This type of legal action is designed to provide justice and financial compensation to the surviving family members of the deceased.

A wrongful death attorney in San Francisco can determine your rights and help you seek justice for your loss.

What Is a Wrongful Death?

Under California law, wrongful death arises when a person dies due to the wrongful or negligent actions of another person or company. This can include things like car accidents caused by a drunk driver, medical malpractice, workplace accidents, or even intentional acts of violence. Essentially, if someone’s careless or intentional behavior leads to the loss of life, it could be considered a wrongful death.

The purpose of a claim is to get compensation for losses suffered by the surviving family members because of the wrongful act that led to their death. While wrongful death lawsuits seek damages for the losses suffered by the family due to their loved one’s death, survival lawsuits are specifically about recovering money for the pain, suffering, and other harm experienced by the victim before their death.

Some common examples of wrongful death cases include:

A fatal car crash caused by a distracted or impaired driver
A fatal construction site accident caused by defective equipment
A fatal medical error made during surgery or treatment
A fatal attack or assault by an individual
A fatal incident caused by a defective or dangerous product

No matter the specific circumstances, if negligence or wrongful conduct played a role in the death, the surviving family may have grounds for a wrongful death claim.

Who Can File a California Wrongful Death Lawsuit?

In California, there are specific laws that determine who can file a wrongful death lawsuit. Generally, only the following close family members are eligible:

The deceased person’s surviving spouse
The deceased person’s children or grandchildren
The deceased person’s parents or legal guardians
Other individuals who were financially dependent on the deceased, such as putative spouses or stepchildren

It’s important to note that only one wrongful death lawsuit can be filed for each deceased person, even if multiple family members are eligible. The parties must agree on filing jointly or one party taking the lead.

What Kind of Damages Can Be Recovered?

If a wrongful death lawsuit is successful, the surviving family members may be entitled to various types of damages or compensation. These can include:

Funeral and burial expenses
Loss of the deceased person’s anticipated future income or financial support
Loss of the deceased person’s love, companionship, affection, and emotional support
The pain and suffering experienced by the deceased person before their death
Punitive damages, which are awarded to punish the negligent party for egregious misconduct

The specific amount of damages awarded will depend on factors like the deceased’s age, earning potential, closeness of relationships, and the specific losses suffered by each surviving family member. An experienced attorney can help assess and pursue full and fair compensation.

Does California Have a Statute of Limitations?

Yes, California has a statute of limitations, which is a legal time limit for filing a wrongful death lawsuit. In most cases, the statute is two years from the date of the deceased person’s death. However, there are exceptions, like:

Cases involving the California government may have a shorter 6-month deadline. In rare cases, the “discovery rule” can delay the deadline if the wrongful act wasn’t immediately known to family members as the cause of death.

Because of the strict statute of limitations, it’s crucial to consult an attorney as soon as possible after a loved one’s wrongful death. They can begin investigating what happened and building a case to ensure you meet all deadlines.

While no amount of money can truly compensate for such a profound loss, a successful claim can provide financial support, cover outstanding expenses, and bring a sense of justice.

Get in Touch With an Experienced Santa Rosa Wrongful Death Attorney

Has your family suffered from a tragic wrongful death in California? Don’t delay in exploring your legal rights and options.

Contact a Santa Rosa wrongful death lawyer at The Cartwright Law Firm immediately online or call (415) 851-6486 for a free, confidential consultation.

We can evaluate the circumstances, explain your rights, identify responsible parties, and fight for the maximum compensation you deserve. You have a limited window to take legal action, so protect your family’s future today.