Understanding Wrongful Death Claims: Key Considerations for Families
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What is a Wrongful Death Claim?
Losing a loved one is one of the most challenging experiences a family can face, and when that loss is due to someone else's negligence, the pain can be even more profound. In such cases, families may consider pursuing a wrongful death claim to seek justice and financial compensation. Understanding the complexities involved in these claims is crucial for families during such a difficult time.
Who Can File a Wrongful Death Claim in California?
When a loved one passes away due to the negligence of a third party, California law allows specific individuals to file a wrongful death claim. Under California Code of Civil Procedure § 377.60, only certain family members and dependents have legal standing.
Eligible parties include:
Surviving spouse or registered domestic partner
Children, and if they are deceased, grandchildren
Parents, siblings, or other heirs if no immediate family exists
Financial dependents, such as a putative spouse, stepchildren, or parents
The personal representative of the estate filing on behalf of all heirs
Only one wrongful death lawsuit may be filed, and all eligible claimants must be included.
Elements of a Wrongful Death Claim
To successfully pursue a wrongful death claim, certain elements must be proven in court:
- Negligence: It must be shown that the death was caused by the carelessness or intentional actions of the defendant.
- Causation: A direct link between the defendant’s actions and the death must be established.
- Damages: The surviving family members must demonstrate that they have suffered quantifiable damages due to the death.
Types of Compensation
Compensation in wrongful death claims can vary, but typically includes:
- Economic Damages: These cover financial contributions the deceased would have made, medical and funeral expenses, and loss of benefits.
- Non-economic Damages: This includes compensation for pain and suffering, loss of companionship, and emotional distress.
In some cases, punitive damages may also be awarded to punish the defendant for particularly egregious conduct.
Statute of Limitations
One crucial aspect to consider in wrongful death claims is the statute of limitations, which dictates the time frame in which a claim must be filed. This period varies by state, but it is typically between one to three years from the date of death. Failing to file within this period can result in losing the right to pursue compensation.
Speak With a California Wrongful Death Attorney Today
If you lost a loved one due to the negligence of another person, company, or entity, you do not have to navigate this alone. The wrongful death process in California is complex, time-sensitive, and emotionally overwhelming but our team is here to guide you every step of the way.
Contact Professional Lawyers Group today for a free, confidential consultation. We will review your case, explain your rights, and fight to secure the justice and compensation your family deserves. Call us at (909) 885-2922 or visit our office in San Bernardino, CA, to speak with a dedicated wrongful death attorney today.