Family members can recover damages when a close relative has died due to a wrongful act that results in death. You can bring a claim for wrongful death in California within two years of the injury that caused the death. Wrongful death cases in California are complicated, so it’s important to work with an experienced Turlock, Monterey, Modesto, or Merced, California Wrong Death attorney that can properly assert your claim and collect the highest possible amount of compensation for your loss.
Who Can Bring A Wrong Death Claim In California?
The California Code of Civil Procedure (CCP,) Section 377.60 specifies that the following family members have standing to assert a claim for wrongful death:
- A surviving spouse or domestic partner;
- Children;
- Grandchildren, but only if the if all the children are diseased;
- Stepchildren, but only if they were financially dependent on the deceased;
- Other parties that can show they would be entitled to collect money from the deceased person’s estate.
What Types Of Cases Give Rise To Wrongful Death Claims?
Any type of case that is based on negligence, recklessness, or intentional wrongdoing can be the basis for a wrongful death claim. These are some examples:
- Traffic Accidents including car accidents, truck accidents, pedestrian knockdowns, hits and runs, and drinking and driving accidents;
- Slip and Falls
- Medical Malpractice
- Product Liability
- Sports Accidents
- Dog Bites
The laws governing the specific type of case will apply. For example, the laws providing for “strict liability” for product liability and dog bite cases will also apply to the California wrongful death case.
California Wrongful Death Attorney
- Financial support from the deceased;
- Funeral and burial expenses;
- Loss of household services;
- Loss of love, companionship, and affection
- Loss of moral support and guidance
If the deceased died instantly, the claim is limited to wrongful death. If the deceased suffered from their injuries before they died, it is also possible to make a claim for pain and suffering. If your loved one was killed due to the negligence, recklessness, or intentional act of another, you should call an experienced Turlock, Monterey, Modesto or Merced, California Wrong Death attorney to discuss making a claim.
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At Silva Injury Law we promote healing through compassionate advocacy. With each case tailored to the individual, we look our for your best interests by evaluating your unique circumstances. Contact us today for a FREE in person or remote consultation.