When an individual has tragically lost his or her life as a result of the negligence of another party, the decedent’s family members have the right to file a wrongful death claim. A wrongful death claim is a civil lawsuit, generally filed when a careless action or inaction has taken place–someone has died due to the fault of another person (like a car accident), or entity (like a car manufacturer).
It is important to understand, however, that wrongful death claims can also be filed when the victim has lost his or her life as a result of criminal conduct, such as:
- A drunk driving incident;
- Driving under the influence of an impairing substance; or
- A murder
Wrongful death claims can also be filed if the accused party was committing other types of criminal acts.
Filing a wrongful death claim in the State of California is a complex matter. It is highly recommended that those who are seeking to file a claim seek the advice of a skilled attorney who has experience in wrongful death lawsuits. Wrongful death lawsuits in the State of California are time restricted, which means that those seeking to file only have a limited amount of time to do so.
This article will highlight some of the most important factors with respect to filing a wrongful death claim in the State of California.
Filing a Wrongful Death Lawsuit in California
A wrongful death lawsuit can be filed by members of the victim’s surviving family. In order to have a valid claim, the victim must have lost his or her life as a consequence of another party’s wrongful act or omission. A wrongful death lawsuit is then filed against the individual(s) believed to be responsible for the victim’s death.
As a result of the lawsuit, grieving family members may be able to obtain damages, based on the specifics of each case. Potential damages may include, but are not limited to the following:
- Funeral costs;
- Medical expenses the victim accrued as a result of the lethal injuries;
- Loss of financial support;
- Loss of consortium;
- Loss of care, comfort, and society.
Parties Entitled to File a Wrongful Death Lawsuit Under California Law
Under California Code of Civil Procedure, Section 337.60, family members, and certain dependents of the decedent are generally qualified to file a wrongful death claim.
377.60.
A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession…
Please contact the law office of SANFORD A. KASSEL, A Professional Law Corporation at 909.884.6451, for a free consultation to determine whether you qualify to file a claim under this statute.
Seek Legal Support When Filing For a Wrongful Death Lawsuit
Losing a loved one is always a difficult matter. The pain and anguish can be magnified if the victim has lost his or her life as a result of a preventable action. When a person has lost his or her life as a result of another’s negligence, filing a wrongful death claim can provide much needed monetary assistance paying for unexpected expenses, and compensation for other damages.
The attorneys at SANFORD A. KASSEL, A Professional Law Corporation have helped many surviving members obtain restitution in the aftermath of their loved one’s passing. The firm is highly experienced, skilled, and compassionate in the field of wrongful death claims. Wrongful death claims in California are time sensitive–obtain legal support as soon as possible.
