A review of California’s wrongful death statute

The death of a loved one can forever change the course of a family’s life. Whether they were a parent or a child, a grandparent or a sibling, the person can influence many others during the course of their life who then suffer significantly if they are killed in a tragic incident. This post will discuss civil liability for wrongful death and the types of damages that victims may seek through these unique personal injury lawsuits.

A wrongful death happens when someone dies and their death was caused by another’s negligence or harmful conduct. The decedent must have family members who suffered financial losses because of their death, and a wrongful death claim can only be filed after a personal representative has been named to administer the decedent’s estate.

Californians generally have two years to file wrongful death claims and waiting longer than two years may bar them from seeking damages under the state’s statute of limitations. When a lawsuit is filed, there are a number of damages that may be claimed, including medical costs associated with the decedent’s care, funeral and burial costs for the decedent, financial support that would have been earned by the decedent, and emotional support the decedent would have offered had they survived.

Grieving a loved one’s death can be difficult. With the help of a California personal injury attorney, families can attempt to steady their financial futures by securing damages and compensation from the negligent party whose conduct resulted in their family member’s death.

Share On