Can I File a California Wrongful Death Claim?

 Posted on May 17, 2024 in Wrongful Death

The death of a family member is a tragedy, especially when his or her death could have been prevented. Deaths that occur due to someone else’s negligent or reckless behavior are considered wrongful deaths in California, and surviving family members may be able to file a wrongful death claim. A knowledgeable California wrongful death attorney can help you determine your eligibility to pursue a wrongful death case in court.

What Is Considered Wrongful Death in California?

In California, a death is considered wrongful when it occurs due to the “wrongful act” of another individual. The act that leads to the death may be intentional, reckless, or negligent. Examples of incidents that often lead to wrongful death include medical malpractice, car accidents, and slip and fall accidents, where death would have otherwise been preventable if the third party had acted with care.

Who Can File a California Wrongful Death Claim?

The California Civil Code of Procedure outlines the people who can file a wrongful death claim on behalf of their deceased relative. In general, the victim’s surviving spouse, domestic partner, or children may be eligible to file a claim, as can a personal representative that has either been appointed by the court or through the deceased’s wishes in his or her will.

Simply put – if your loved one died after an injury or accident resulting from a third party’s negligence or reckless behavior, and you are the next of kin or an appointed personal representative, you are likely able to file a California wrongful death claim.

The compensation you may be eligible for with this type of claim includes the cost of medical bills and funeral expenses in addition to damages like emotional trauma and loss of companionship. If you do choose to pursue legal action against the responsible party, you will need to make sure that you file your claim within California’s statute of limitations for wrongful death claims, which is within two years of the death.

Contact a Riverside County, CA Wrongful Death Lawyer

The aftermath of a loved one’s death is traumatic, and you may find that you need to pursue legal action to recover damages and hold the responsible party for a wrongful death accountable. An experienced Temecula, CA wrongful death attorney is key to building a case and recovering the compensation you are entitled to.

At Maineri Law Firm, we have over 23 years of legal experience and provide compassionate, thorough representation to our clients. Call 951-698-4200 for a free consultation.