Losing a loved one is one of the most devastating experiences anyone can endure. When that loss happens because of someone else’s negligence or misconduct, the grief is compounded by anger, confusion, and financial uncertainty. In California, families have the right to pursue a wrongful death claim to hold the responsible parties accountable and to secure compensation for their loss. This guide walks you through the essentials of wrongful death claims, your legal rights, and how an experienced attorney can help during this painful time.
What is a Wrongful Death Claim?
A wrongful death claim is a civil lawsuit filed when a person dies due to another party’s negligence, recklessness, or intentional actions. Unlike criminal cases that focus on punishment, wrongful death claims aim to provide financial relief to surviving family members.
Common causes of wrongful death include:
- Car, truck, and motorcycle accidents
- Pedestrian or bicycle collisions
- Medical malpractice
- Workplace accidents and unsafe conditions
- Defective products
- Criminal acts like assault or drunk driving
Who Can File a Wrongful Death Claim in California?
Under California law, the following individuals may be eligible:
- Surviving spouse or domestic partner
- Children of the deceased
- Grandchildren (if the children are deceased)
- Dependents such as stepchildren or putative spouses in certain circumstances
Types of Compensation Available
Families may recover both economic and non-economic damages, such as:
- Funeral and burial expenses
- Lost financial support the deceased would have provided
- Loss of household services
- Loss of love, companionship, comfort, and guidance
The Statute of Limitations
In California, families generally have two years from the date of death to file a wrongful death lawsuit. Missing this deadline can result in losing your right to pursue compensation.
Why You Need a Wrongful Death Attorney
Wrongful death cases are often complex, involving insurance companies, corporations, or multiple defendants. An experienced attorney can:
- Investigate the circumstances of the death
- Collect evidence like accident reports, medical records, and witness statements
- Negotiate with insurance companies
- Represent you in court if needed
No amount of money can ever replace your loved one, but pursuing a wrongful death claim can help secure financial stability and provide a sense of justice. If you’ve lost someone due to negligence, don’t face this difficult journey alone. Seek legal guidance to protect your family’s future.
