If someone you love died because of someone else’s negligence in California you may feel overwhelmed grieving and unsure about what comes next. While wrongful death claims are more familiar than people think there are important details many do not realize that could affect their case.
You Do Not Need Criminal Charges for a Wrongful Death Case
A person can be held responsible in civil court even if no criminal case is filed. Civil wrongful death lawsuits require proof by a “preponderance of the evidence” rather than the higher bar of proof in criminal cases.
Who Can Bring a Wrongful Death Lawsuit
The surviving spouse or domestic partner and children are first in line to sue. If those close family members are not living then parents or siblings may qualify. Also people who were financially dependent on the deceased may be eligible.
Deadlines Matter
You have two years from the date of death to file a wrongful death lawsuit in most cases. If the defendant is a government agency you may have only six months to file a claim under specific government claims procedures.
What You Can Recover
Economic losses include things like income your loved one would have earned, the value of services they provided, and funeral or burial costs. Non-economic losses may include loss of companionship, emotional and psychological support. California law does not allow recovery for the deceased person’s pain and suffering in a wrongful death case; that must be pursued separately under a survival action.
Survival Actions Are Related But Different
If the deceased person survived some period of time after their injury you may bring a survival action through their estate. These actions allow recovery for medical expenses incurred before death, lost wages from injury to death, and in some cases punitive damages if the defendant acted with extreme misconduct.
Shared Fault Does Not Block Your Case
California uses pure comparative fault. Even if your loved one was partially responsible for what happened you can still sue. Any recovery may be reduced based on the percentage of fault assigned to them.
Causes of Wrongful Death Are Broad
Wrongful death cases are not just limited to car crashes or medical malpractice. They can result from unsafe property conditions, dangerous products, or failure to provide adequate security.
Hillstone Law Can Help
If you believe negligence caused your loved one’s death Hillstone Law can help you understand whether you have a claim identify who may be liable gather evidence meet all deadlines and pursue compensation that reflects all losses.
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