Understanding Wrongful Death Lawsuits in California: A Complete Guide (2024)

Wrongful death lawsuits in California happen when someone dies because of another person’s careless or reckless behavior.

The sudden loss of a loved one can leave families heartbroken, facing not only emotional pain but also physical and financial challenges. This difficult time can feel overwhelming, making it hard to know what to do next.

At Curtis Legal Group, our wrongful death lawyers are dedicated to helping you during this tough period. With over 100 years of combined experience, our team knows how to help you get the compensation you need to move forward.

In this post, you’ll find a comprehensive overview of wrongful death lawsuits in California including who is entitled to file a wrongful death claim, the role of a lawyer in navigating the legal process, and the types of compensation that can be sought.

The post also covers the importance of insurance claims following a death, the wrongful death damages that can be recovered, and the statute of limitations for filing a lawsuit.

Let’s begin.

What Are Wrongful Death Lawsuits?

Wrongful death lawsuits usually stem from serious negligence. This can happen in many ways, such as recklessness or failing to take necessary safety measures.

To win a wrongful death lawsuit, your lawyer must prove that the person responsible had a duty of care, that they broke that duty, and that their actions directly caused your loved one’s death and your resulting losses.

Under California Civil Code 1714, the person at fault must take responsibility for their actions and pay for the damages they caused to the family of the deceased person.

Who Can File a Wrongful Death Lawsuit in California?

California law states only certain family members can file a wrongful death lawsuit.

According to California Code of Civil Procedure 377.60, if the person who died would have had the right to file a personal injury claim if they were alive, their family can file a claim on their behalf.

California wrongful death law states that the people who have the legal right to file a wrongful death lawsuit against the responsible party include:

– Surviving spouse

– Domestic partner

– Children

– Dependents and minor children

– Putative spouse and children

– Stepchildren

When filing a wrongful death suit, it’s essential to list all the decedent’s surviving family members who may be eligible to receive compensation.

The law does not allow separate claims for damages, so including everyone who qualifies is crucial. Immediate family members are prioritized when distributing any compensation.

If immediate family members aren’t available, siblings and other relatives may also have rights to file a claim. The goal is to distribute compensation fairly among those who are eligible.

How a Lawyer Can Help You

Losing a loved one is incredibly hard, and it can make even simple tasks feel overwhelming. The legal process involved in a wrongful death lawsuit can add to this stress.

A California wrongful death lawyer can help guide you through this complicated time with compassion and understanding. They will take on the burden of handling your case, allowing you to focus on healing.

When you hire a wrongful death lawyer, you can expect to discuss your case in detail.

Your injury lawyer will explain the legal options available to you and create a strategy for your claim. The law firm you hire should work to secure a fair settlement from any insurance policies and negotiate additional compensation from the party responsible for your loved one’s death.

One common approach lawyers use is mediation. This involves both parties coming together, often with the help of a mediator who is a neutral third party.

The mediator listens to both sides and helps them come to an agreement. Mediation can resolve a wrongful death case faster and at a lower cost than going to court.

However, if no agreement is reached, your case may have to be decided in court.

Wrongful Death Attorneys and Insurance Claims

When a loved one passes away, you may also be eligible to receive insurance compensation.

Your insurance company will investigate the circumstances of your loved one’s death and may offer a settlement for negligence or pay out death benefits from a life insurance policy.

Unfortunately, insurance companies don’t always offer enough compensation to cover all your losses.

This is where a wrongful death attorney can step in.

We can advocate for you and negotiate with the insurance company to ensure you receive fair compensation. Your lawyer will work to make sure the insurance company acts in good faith and does not undervalue your claim.

Types of Financial Compensation You Can Recover

Losing someone unexpectedly can lead to significant financial difficulties.

You may face costs for funeral services, burial expenses, and lost income. While no amount of money can bring back your loved one, filing a wrongful death claim can help ease some of the financial burdens.

The compensation you receive can cover various costs, including:

– Funeral expenses

– Burial costs

– Medical expenses incurred before death

– Lost income that your loved one would have provided

– Pain and suffering caused by the loss

– Emotional distress

– Loss of quality of life

– Loss of companionship or partnership

It’s important to consult with your wrongful death lawyer about what types of compensation you may be able to seek.

Every situation is unique, and the damages you can claim will depend on your specific circumstances.

Be sure to keep all records and receipts for the expenses you have incurred, as these will help support your claim.

California’s Wrongful Death Statute

In California, there is a time limit for filing a wrongful death claim.

Family members have two years from the date of death to file a lawsuit, according to California Code of Civil Procedure section 335.1.

If you wait too long and miss this deadline, you may lose your right to seek damages. Therefore, it’s essential to talk with a wrongful death lawyer as soon as possible after the loss.

Seeking Justice with Curtis Legal Group

At Curtis Legal Group, we understand the immense pain you are going through after the loss of a loved one.

We are here to help you seek justice for the victim’s death. Our compassionate team will be your partner during this challenging time, ensuring that your interests and financial needs are protected.

Our experienced wrongful death lawyers are committed to helping you get the resources and compensation you need to begin healing.

If you’re ready to learn more about how we can fight for you, please contact our personal injury attorneys for a free consultation and free case evaluation.

We’re here to support you every step of the way and to help you get the justice you deserve.