What Is Wrongful Death Under California Law?
Wrongful death is when someone has been killed by the negligence of another.
Who Can Bring A Wrongful Death Claim in California?
The claimant in a wrongful death case can be someone who is a relative of the decedent or a spouse. This can be a grandparent, a parent, siblings, or children, but not grandchildren.
What Damages Are Survivors Entitled To In a Wrongful Death Claim?
Survivors of wrongful death can be entitled to loss of consortium and loss of earnings, loss of companionship, and the loss of a parent, sibling, or child.
How Is The Amount Of Damages Determined In A Wrongful Death Case?
Generally, damages in a wrongful death case are determined by the type of job the person had, in terms of their earning capacity, as well as their age. If it’s someone who is a young doctor in their thirties who has two children and is killed, he or she is depriving their children of a parent for the rest of their lives. Damages, including loss of income, would go to the family.
What Is The Statute Of Limitations For A Wrongful Death Claim In California?
The statute of limitations for a wrongful death case in California is two years.
Additional information On Wrongful Death Cases In California
Wrongful death is such a traumatic event to a family. It’s a very sensitive time and it’s very difficult to bring up the emotions of it in a lawsuit. It is important that you speak with a lawyer who is sensitive to the privacy and the emotional condition of your family. For any type of lawsuit, it’s really important to document everything. You need to keep copies of all documents and take photographs of any damages.
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