There is an interesting dynamic in wrongful death cases in California. In most serious injury cases, our clients are the injured victims, but in these types of cases, our clients are the family members of the decedent. If you have lost a loved one, then you are obviously in a very difficult situation. The insurance company of the person who has killed your loved one is not likely to tell you what types of remedies may be available to you.
WHO CAN BRING A CLAIM FOR WRONGFUL DEATH IN CALIFORNIA AND WHAT DAMAGES ARE RECOVERABLE?
If you are a surviving spouse, child, dependent minor living in the decedent’s household, parent, sibling, or grandparent, or next of kin to a decedent who suffered wrongful death, you qualify to make a claim in California. If your loved one has been killed in a tragic accident, it is clear that you have lost their guidance and support. It is also likely that you have lost their income as well, which means your ability to support your family has been damaged. Economic damages include future earnings the decedent would have contributed to his heirs and funeral and burial expenses. Non economic damages are also recoverable. These include loss of love and companionship, and even affection.
At John J. Stanley and Associates, we know the laws governing wrongful death cases in California. As such, we carefully guide you on the path toward the maximum possible compensation for your losses. Moreover, we take pride in providing our clients the closure that comes from knowing they pursued the case, showing them that their loved one is not at fault for the accident, and giving them the opportunity to convey to a jury just how much their loved one meant to them.
STATUTE OF LIMITATIONS – WRONGFUL DEATH IN CALIFORNIA
- In most cases, within (2) years of injury or death. California Code of Civil Procedure Section 335.1
- If claim is based on health care provider negligence (medical malpractice), three years from the date of injury or one year after the Plaintiff has discovered or through the use of reasonable diligence should have discovered the injury, whichever occurs first. California Code of Civil Procedure Section 340.5.
- If the claim is based on government tort liability (i.e. car accident with government vehicle or medical malpractice in a state medical facility) a government claim must be filed within six (6) months of the injury.