When someone dies due to another's negligence or wrongful conduct, their family may have the right to pursue a wrongful death claim. These cases provide compensation for the survivors' losses and hold wrongdoers accountable.
Who Can File a Wrongful Death Claim?
Under California Code of Civil Procedure Section 377.60:
First Priority - Surviving spouse or domestic partner - Children
Second Priority (if no first priority survivors) - Anyone entitled to property under intestate succession laws
Others Who May Claim - Putative spouse - Children of putative spouse - Stepchildren (if financially dependent) - Parents (if financially dependent) - Legal guardians (minor's death)
Types of Damages Available
Economic Damages - Loss of financial support the deceased would have provided - Loss of benefits and inheritances - Funeral and burial expenses - Medical bills from final injury/illness
Non-Economic Damages - Loss of love, companionship, and affection - Loss of moral support and guidance - Loss of sexual relations (spouse) - Loss of care, comfort, and society
Survival Actions
Separate from wrongful death, a survival action recovers damages the deceased could have claimed if they survived:
- Pain and suffering before death
- Medical expenses
- Lost earnings
- Property damage
Statute of Limitations
Wrongful death claims must be filed within two years of the death date.
Proving a Wrongful Death Claim
You must establish:
1. The death was caused by another's negligence or intentional act 2. Surviving family members suffered damages 3. A personal representative has been appointed (for survival action)
Compassionate Legal Help
We understand this is an incredibly difficult time. Our network of wrongful death attorneys handles these cases with sensitivity while fighting aggressively for fair compensation. Most importantly, we work to honor your loved one's memory by holding responsible parties accountable.