The sudden passing of a loved one can create serious emotional and financial hardship for surviving family members, so when a death is caused by the actions of another party, California law allows justice to be pursued through a wrongful death claim. However, many people in this situation are unsure if they even have a valid case or how to proceed. Below are the answers to a few common questions to help navigate this legal process.

What to Know About Wrongful Death Claims

What constitutes a wrongful death?

A death is considered wrongful if the victim passes away due to the negligent behavior or intentional misconduct of another individual or entity. Wrongful deaths can occur under a variety of circumstances, including traffic accidents, slip and falls, defective products, or assault.

Who can file a wrongful death claim?

Only certain people are legally allowed to file a wrongful death claim. In California, action can be taken by the victim’s spouse or domestic partner or their children. If the victim has no such family members, a claim can be brought by those who would inherit the victim’s estate under intestate succession laws, such as their parents, siblings, grandparents, or dependent stepchildren. 

What kind of compensation can I receive?

A wrongful death settlement can include compensation for economic damages — including medical expenses, funeral and burial costs, and loss of financial support. Non-economic compensation can also be recovered for mental anguish from the loss of companionship, affection, and guidance. Punitive damages may also be awarded if the responsible party was found to be particularly malicious in their actions.

When is the deadline to bring a wrongful death claim?

Every state has set a specific time limit for which this claim must be filed, referred to as the statute of limitations. In some cases in California, a claim has to be filed within six months of the date the wrongful death took place. Missing this deadline is likely to result in an automatic dismissal of the case.

While no amount of money can make up for the loss of a loved one, it can offer some financial stability during an already difficult time. If you believe you’re entitled to wrongful death damages, turn to the Law Offices of Alan M. Laskin for legal representation. They offer more than three decades of legal experience to the residents of Sacramento County, CA, and have a proven track record of success. You can count on them to fight for your rights. Call (916) 329-9010 to schedule a free consultation or visit their website for more information on how they can help.