Salinas Wrongful Death Lawyers

Wrongful Death Compensation Claims: An Overview

A wrongful death case is a type of legal action that can be brought by survivors of a personal injury victim who has passed away as a result of their injuries. However, before filing your wrongful death lawsuit, there are a few things to be aware of.

Available Damages in a California Wrongful Death Action

Notably, a wrongful death action is different from a survival action. Whereas a survival action seeks compensation for the decedent’s injuries and expenses, a wrongful death claim seeks compensation for the survivors themselves to compensate for their losses as a result of their loved one’s passing.

For example, available damages in a California wrongful death lawsuit include compensation for:

• Burial and funeral expenses;
• Loss of companionship;
• Loss of household support;
• Lost financial support and benefits of the deceased; and
• Loss of consortium.

Speak with an experienced wrongful death attorney as soon as practicable to discuss what damages you may be entitled to recover.

Who Can Sue in a California Wrongful Death Lawsuit?

It’s important to remember that not just any loved one is able to bring a wrongful death lawsuit. Rather, according to California law, a wrongful death action can typically only be brought by the decedent’s surviving:

• Personal representative,
• Spouse,
• Domestic partner,
• Children, and
• Issue of any deceased children.

Thus, people such as friends, cousins, and other remote family members usually cannot bring a wrongful death action. However, suppose there is no surviving spouse, partner, or offspring. In that case, a wrongful death lawsuit may be filed by anyone who would otherwise be a beneficiary of the decedent’s estate based on California intestate succession laws.

Understanding California law and determining who can sue for wrongful death can be confusing. But that’s why we’re here to help. Contact one of our Salinas wrongful death lawyers to discuss whether you qualify to file a wrongful death action today.

What Is the Average Settlement for Wrongful Death Claims in California

One of the questions many people ask is whether there is an average settlement for a wrongful death action in California. Unfortunately, however, there is no such average settlement amount.

This is because each case is different. Thus, your particular settlement amount may vary widely from someone else’s due to a variety of factors such as:

• The age of the decedent when they passed away;
• Whether the decedent’s own actions contributed to the incident that resulted in their death;
• Whether the decedent left any dependants; and
• The decedent’s profession and income.

Determining the potential value of your settlement can be challenging. Nevertheless, a qualified wrongful death lawyer will know to look at these and other factors to better assess what your particular claim might be worth.

CA Statute of Limitations for Wrongful Death Claims

If you are considering bringing a wrongful death action in California, it’s important to be aware of the applicable statute of limitations. A statute of limitations is the time period within which a party must file their particular lawsuit.

In California, the statute of limitations for wrongful death claims is two years. Thus, in most cases, you must bring your lawsuit within two years of the date of the victim’s death or risk losing your claim altogether.

However, there are a few exceptions that may apply, so be sure to speak with a legal professional to ensure you file on time.

How Our Salinas Wrongful Death Attorneys Can Help You

When it comes to pursuing a wrongful death lawsuit, you deserve a law firm that will always fight zealously for your rights. At Silva Injury Law, we hope to be that law firm for you.

Our experienced team of Salinas wrongful death attorneys can help you:

• Evaluate your case and assess your available damages;
• Gather evidence to support your claim;
• Negotiate potential settlements with opposing parties; and
• Prepare to take your case to trial when a fair and favorable settlement is not possible.

No matter what your case requires, our team will be there for you at every step along the way. Contact us today for your free consultation and learn more about how we can help you recover.