It is always difficult when you lose a loved one. When the loss of your loved one is unexpected and was caused by the negligent or intentional actions of another person or entity, it can be even more devastating. California law allows certain family members of people who are killed by the negligent or wrongful actions of others to file lawsuits called wrongful death claims. By filing these types of claims, a wrongful death lawyer Encino at the Valley Injury Lawyers might help the family members to hold the defendants accountable for their actions and to recover compensation to pay for their losses.
What is a wrongful death claim?
Wrongful death claims are civil tort lawsuits that can be filed against defendants whose negligent or wrongful actions caused the deaths of other people. The surviving family members or the personal representative of the decedent’s estate can file wrongful death claims in court. Unlike criminal cases, wrongful death claims seek monetary damages. Since a finding of guilt in a wrongful death claim will not result in a loss of the defendant’s freedom, the burden of proof is easier to meet in a civil wrongful death claim than in a criminal case for the same conduct.
Wrongful death claims can be filed at the same time that criminal cases are pending, and the plaintiffs may be able to win their claims even when the defendants are found not guilty in their criminal trials. A famous example of this is the O.J. Simpson criminal and civil cases. While Simpson was found to be not guilty in his criminal trial, he was found to be liable in the civil wrongful death lawsuits that the families of Ronald Goldman and Nicole Brown Simpson filed against him.
Who can file wrongful death claims in California?
The law only allows specific people to file wrongful death claims after someone dies. Under CCP § 377.60, the following people are allowed to file wrongful death claims:
- Surviving spouse
- Domestic partner
- Surviving children
If the decedent did not leave any survivors in his or her line of descent, a wrongful death claim can be filed by a person who stands to inherit property through intestate succession. These parties include the parents or siblings of the deceased person. Finally, the following parties are allowed to file wrongful death claims when they can demonstrate that they financially depended on the decedent:
- Putative spouse and the putative spouse’s children
- Stepchildren
- Parents
- Damages that might be available in a wrongful death claim
The specific amounts of damages will depend on the facts and circumstances of each case. Typically, the damages are divided between compensating the estate for the losses that the estate suffered and the family members for their personal losses. Losses that the estate might recover include the following:
Funeral and burial costs
Medical expenses for the care the decedent received until he or she died
Lost income, including the decedent’s future income that he or she would have earned in the future
Surviving family members might recover the following types of losses:
- Loss of the value of the household services that the decedent provided
- Loss of expected financial support from the decedent
- Loss of consortium
- Loss of guidance and support
How long do the family members have to file wrongful death claims?
California has a statute of limitations for wrongful death claims. These claims must be filed no later than two years after the date that the decedents died. If you do not file a wrongful death claim within the limitations period, you will lose your right to recover damages for your losses.
Contact a wrongful death lawyer Encino
If your loved one was killed because of the negligent or wrongful actions of another person or entity, you need to talk to an experienced wrongful death attorney at the Valley Injury Lawyers. Call us today to schedule a free consultation at 818-565-6600.
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