California Wrongful Death Lawyer
Lost a Loved One in an Accident in CA?
Losing a loved one is never easy. When that person dies due to the negligent, reckless, or intentional actions of another person or entity, the pain and grief can be overwhelming. In the midst of your sorrow, you may find yourself facing a multitude of difficult decisions, including how to move forward with your life while also seeking the justice your family deserves.
At The Zalkin Law Firm, P.C., we know how overwhelming the aftermath of a wrongful death can be. Our team is here to help you through this terrible time and fight for the compensation you and your family deserve. We can help you seek justice on behalf of your loved one and the life they should have had.
What is a Wrongful Death?
A wrongful death is any death that occurs due to a person's negligence, recklessness, or intentional actions. Wrongful death claims are brought by the surviving family members of the decedent.
Who Can File a Wrongful Death Lawsuit in California?
In California, a wrongful death claim can be filed by certain individuals who are designated as "real parties in interest." These individuals are typically the close family members or personal representatives of the deceased person.
Here are the eligible parties who can file a wrongful death claim in California:
- Spouse: The surviving spouse of the deceased person can file a wrongful death claim.
- Domestic Partner: A registered domestic partner who can show proof of a valid domestic partnership with the deceased can file a claim.
- Children: The surviving children of the deceased person, including adopted children and stepchildren, can file a claim.
- Parents: If the deceased person has no surviving spouse or children, the parents of the deceased can file a wrongful death claim.
- Siblings: If there are no surviving spouse, children, or parents, the deceased person's siblings may be eligible to file a claim.
What is the Statute of Limitations for Wrongful Death Cases in CA?
Under California law, the statute of limitations for wrongful death cases is two years. This means that you have two years from the date of your loved one's death to file a wrongful death lawsuit. If you wait longer than two years to file, you will be barred from bringing your claim.
What Is the Damages Cap in Wrongful Death Cases in California?
In a wrongful death claim in California, various types of damages can be sought by the eligible parties. These damages are meant to compensate for the losses and harm suffered as a result of the wrongful death.
Here are some common types of damages that can be pursued in a wrongful death claim in California:
Economic Damages: Economic damages aim to compensate for the financial losses resulting from the death of the loved one. These may include:
- Loss of financial support: The income and financial support that the deceased person would have provided to the family members had they survived.
- Loss of benefits: Benefits such as pensions, retirement plans, medical insurance, or other perks that the surviving family members would have received from the deceased person.
- Funeral and burial expenses: The costs associated with the funeral, burial, or cremation of the deceased.
Non-Economic Damages: Non-economic damages are intended to compensate for the non-financial losses experienced by the surviving family members. These may include:
- Loss of companionship and consortium: The emotional support, love, companionship, guidance, and intimacy that the surviving spouse or domestic partner would have received from the deceased.
- Loss of parental guidance: The guidance, care, and nurturing that the surviving children would have received from the deceased parent.
- Emotional distress: The psychological pain, suffering, and emotional trauma experienced by the surviving family members due to the loss of their loved one.
- Loss of household services: The value of the household chores, services, or assistance that the deceased person would have provided to the family members.
Punitive Damages: In some cases where the wrongful death was caused by the defendant's egregious conduct, punitive damages may be awarded. These damages are intended to punish the defendant and deter similar misconduct in the future.
Call (800) 477-2989 now to speak with our team about your case.