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FAQ about filing a wrongful death lawsuit

On Behalf of | Apr 2, 2022 | Catastrophic Personal Injuries

The untimely passing of a loved one may have you considering a wrongful death lawsuit.

California has stipulations about filing this type of suit.

What can you recover in a wrongful death lawsuit?

When a loved one dies due to someone else’s actions, you may want to sue the responsible party for everything they have. However, California law only allows you to seek specific damages such as:

  • The amount of income your family member could have made during his or her lifetime
  • The value of services the loved one could have made to the family
  • The cost of the burial and other medical expenses
  • Pain and suffering experienced by your loved one immediately before death

What contributes to a wrongful death?

When someone behaves negligently or recklessly, resulting in your loved one’s death, he or she may be financially liable. According to Califonia law, the following actions may lead to wrongful death:

  • Child or elder neglect
  • Manslaughter
  • Assault
  • Drowning
  • Medical malpractice
  • Car accidents
  • Defective products
  • Dog attacks

You can file a wrongful death suit independent of the state filing criminal charges against the other parties.

Who can file a wrongful death lawsuit?

California limits the right to file wrongful death lawsuits to immediate family. According to the Code of Civil Procedure 377.60, only a spouse or domestic partner, children and sometimes parents can initiate a lawsuit. If more than one person wants to file a claim, one suit must include all interested parties.

California has various limitations on wrongful death claims. Being familiar with these ensures you do not miss your opportunity to file a lawsuit.