The sudden death of a loved one causes unimaginable grief which the victim’s family and friends will carry with them for the rest of their lives. If your family has recently lost a loved one to the negligence or wrongdoing of someone else, you may be entitled to file a claim for financial compensation. Although no amount of money can compensate for the incredible loss the victim’s loved ones are experiencing, obtaining monetary compensation will ease the financial stress and anxiety which survivors experience as a result of added expenses or a decrease in familial income.
Under California Code of Civil Procedure section 377.60, family members of the deceased person have the right to recover economic and non-economic compensation from the liable party. The right to recover first begins with the deceased person’s spouse or domestic partner, as well as any surviving children. If these parties do not exist, the right to bring a wrongful death claim could go to other dependents of the decedent, a putative spouse, children of the putative spouse, stepchildren, and parents of the decedent.
California has a “one action rule” so if multiple parties have the right to file a wrongful death claim, only one lawsuit per wrongful death is allowed.
In California, plaintiffs have two years from the date of the decedent’s death to file a wrongful death lawsuit.
In California, compensation for a wrongful death claim is intended to reimburse the deceased’s heirs for the value of the support they could reasonably have expected to receive from the deceased if he or she had lived. California law allows plaintiffs to recover economic and non-economic damages, such as, but not limited to:
If you have suffered losses associated with the wrongful death of a loved one, Pursley Law Firm can offer the experience and skill necessary to provide you with sound advice on how to protect your legal rights.
Contact the Pursley Law Firm today to set up a meeting with a local wrongful death attorney.