What is a Wrongful Death According to California Law?

Wrongful Death According to California Law

What is a Wrongful Death according to California law?  Wrongful death is a case that arises out of the death caused by the negligent conduct of another person.

California has clearly established law which identifies those persons who are entitled to bring or file the wrongful death lawsuit.  These cases are brought by the surviving spouse, family, children and or heirs of the person that has died.   A domestic partner may also file the lawsuit.  There is a specific order to the process for surviving heirs and this is why it is important to speak with an experienced wrongful death attorney.

My name is Rivers Morrell and I have more than 40 years of experience with wrongful death cases.  When there is a wrongful death claim, the survivors may recover for loss of the love, companionship, comfort, affection, society, solace, and moral support they enjoyed with their family member before the accident. The surviving spouse can recover damages for loss of consortium (the love and affection  shared by spouses).  In addition, the claim can include the value of the loss of the care, training and guidance as well as mental anguish and the loss of household services. mental anguish, etc.

The lawsuit for a wrongful death according to California law should also provide for the value of the loss of support and earnings which would have been received in the future, if your family member had not lost their life.  Funeral and burial expenses are also recoverable.

Survival Action

A wrongful death case according to California law should not be confused with a “survival action”.  A survival action is brought when the victim of a fatal accident lingered after the accident, suffered and incurred medical bills prior to their passing.   A survival action lawsuit allows for the recovery full and fair compensation for all medical costs as well as the suffering associated with their injuries.

Statute of Limitations

The statute of limitations for wrongful death cases is also 2 years.  However, because it involves a loss of life it is important that an investigation be performed very early on while vital evidence may be preserved and witness statements are fresh in mind.

What is a Wrongful Death according to California law?  The legal right of surviving heirs to hold those responsible for the loss of their loved one financially accountable for their actions.  No amount of money can replace a loved one.  However, a wrongful death lawsuit can help your family to recover important financial resources which will help you to heal and provide for present and future needs.

If you have lost a family member in a fatal accident I invite you to review the strong recommendations of former clients and the legal industry and contact us or call 949-305-1400 for a free consultation to learn more.

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