Who May File A Wrongful Death Claim In California?

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Zucker Personal Injury & Accident Lawyers, APC
April 2, 2021
12:05 pm

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In the state of California, parties entitled to file a wrongful death claim are:

The Spouse
The Domestic Partner
The Surviving Children

If there is no surviving person in the deceased person’s line of descent, then a wrongful death lawsuit may be brought by anyone “who would be entitled to the property of the decedent by intestate succession.” And, if they can show they were financially dependent on the deceased person, the following people can also bring a wrongful death lawsuit in California:

The “Putative Spouse” / Children of The Putative Spouse of the Deceased
The Stepchildren of the Deceased
The Parents of the Deceased

Wrongful Death Damages

Damages in a wrongful death claim may include:

Funeral and Burial Expenses
End of Life Medical Expenses
Projected Future Wages
The Value of Household Services
Loss of Love, Community, Attention, Affection, Moral Support, and Guidance.

How Long Does A Family Have To File A Wrongful Death Claim?

Like personal injury claims, wrongful death claims in California must be filed within a specific time period or statute of limitations. California law requires a wrongful death claim to be filed within two years of the date of the descendant’s death. If the case is not filed in the state’s civil court system within two years, the family will almost certainly lose the right to file it at all.

Each wrongful death claim is different and must be centered on the needs of the family. In order to establish that damages are owed, it must first be established that the deceased was a victim of wrongful death. This often requires accident reconstruction, comprehensive reviews of medical records, and the assistance of multiple experts and professionals.

Hire An Experience Law Firm For Your Wrongful Death Case

Our practice has a history of successfully securing large verdicts and settlements for families dealing with the untimely loss of a loved one. We have handled wrongful death cases revolving around car accidents, medical malpractice, unmaintained premises, motorcycle accidents, and more. We welcome the opportunity to meet with you for a free consultation to listen to your concerns and help you understand your options.

The accident lawyers at Zucker Personal Injury & Accident Lawyers, APC in Temecula offer legal services exclusively in the areas of personal injury and wrongful death.

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