1What is considered a wrongful death?
A death caused by another person or entity’s negligence, recklessness, or intentional act.
2Who can file a wrongful death claim in California?
Typically, the deceased’s spouse, domestic partner, children, or certain other dependents.
3What damages can be recovered in a wrongful death case?
Funeral expenses, lost financial support, loss of companionship, and emotional suffering.
4How is a wrongful death case different from a criminal case?
A wrongful death claim seeks financial compensation in civil court, while criminal cases seek penalties like prison time.
5Can multiple family members join in one claim?
Yes, eligible family members can join together in a single wrongful death lawsuit.
6What is the statute of limitations for wrongful death in California?
Generally, two years from the date of death.
7What if the cause of death was a workplace accident?
The family may have both a workers’ compensation death benefit claim and a wrongful death lawsuit against third parties.
8Can punitive damages be awarded in wrongful death cases?
Yes, if the death was caused by extreme negligence or intentional harm.
9Who can be held liable in a wrongful death claim?
Individuals, companies, government agencies, or any party whose actions caused the death.
10How is compensation calculated?
Based on lost income, value of household services, life expectancy, and emotional losses.
11What if the deceased had no income?
You may still recover damages for loss of companionship, care, and guidance.
12Can I sue for wrongful death if the victim was partially at fault?
Yes, but damages will be reduced under California’s comparative negligence law.
13Do wrongful death cases always go to trial?
No. Many are resolved through settlement before trial.
14Can a wrongful death case involve medical malpractice?
Yes, if a healthcare provider’s negligence caused the death.
15What evidence is needed for a wrongful death case?
Death certificate, medical records, accident reports, witness statements, and expert testimony.
16Can a wrongful death case be filed for deaths caused by defective products?
Yes, through a product liability claim against the manufacturer or distributor.
17What if the death was caused by a drunk driver?
You may recover compensatory damages and possibly punitive damages.
18How long does a wrongful death case take?
It can take several months to years, depending on complexity and negotiations.
19How can an attorney help in a wrongful death case?
By investigating, proving liability, calculating damages, and negotiating or litigating for maximum recovery.
20How much does it cost to hire Hillstone Law for a wrongful death case?
We work on contingency, you pay nothing unless we win.