A wrongful death case is a case in which a person dies due to the intentional or negligent act of another person or entity. The law allows relatives, domestic partners, and people who depend on the wrongful death victim for support to sue for wrongful death. The topic of who can sue for wrongful death is discussed below.
Wrongful death cases are traditionally among the most emotionally charged cases in personal injury.
Wrongful death cases can take many forms. For example; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have died due to a dangerous condition on public or private property, including faulty roads or improperly placed traffic signs; a loved one may have died due to faulty construction of a building on a property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; A loved one may have died due to a defective product or negligent repair.
A wrongful death case can arise when someone was injured in an accident and later dies as a result of their injuries.
TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)
This Statute of Limitations for filing a wrongful death lawsuit in the State of California is two (2) years from the date of the accident or incident that caused the wrongful death. If you don’t file a lawsuit within two (2) years, you will lose your right to sue! CCP § 335.1
There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to construction defects.
If the defendant in the wrongful death action is a government entity, a claim must be filed with that government entity within 6 months from the date of the accident. If the entity rejects the claim, it must file a lawsuit within six months from the date of rejection.
WHO CAN SUE FOR WRONGFUL DEATH
A cause of action for the death of a person caused by the wrongful act or negligence of another may be brought by any of the following persons or by the personal representative of the victim on his or her behalf:
(a) The surviving spouse, domestic partner, children, and children of deceased children of the victim, or, if there are no surviving children of the victim, persons, including the surviving spouse or domestic partner, who would have right to the property of the victim by intestate succession (a person who dies without a will).
(b) Qualified or not in subsection (a) above, if they depended on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. ‘Putative spouse’ means the surviving spouse of a voidable or voidable marriage who the court determines had a good faith belief that the marriage to the victim was valid.
(c) A minor, if, at the time of the victim’s death, the minor resided for the previous 180 days in the victim’s home and was dependent on the victim for one-half or more of the child’s support.
As you can see, there are many people who can qualify to sue for wrongful death. Our law firm handles wrongful death cases and can tell you whether or not you have the right to sue for wrongful death.
Compensation You Are Entitled To In A Wrongful Death Case DAMAGES FOR FAULTY DEATH
Financial Support: The financial support, if any, that the person who was a wrongful death victim would have provided to the family during the victim’s previous life expectancy [his/her] death or the life expectancy of the person you are suing, whichever is shorter.
Loss of Gifts and Benefits: Loss of gifts or benefits that the person filing the lawsuit would have expected to receive from the victim of a wrongful death.
Funeral and Burial Expenses – The cost of funeral and burial expenses.
The reasonable value of the domestic services: the reasonable value of the domestic services that the victim would have provided
The loss of love, companionship, consolation, care, assistance, protection, affection, society, moral support that the victim would have provided.
The loss of the enjoyment of sexual relations with the victim.
The loss of formation and orientation of the victim.
PUNITIVE DAMAGES
Punitive damages (punitive damages) are awarded to the victim’s estate in an estate representative action based on the cause of action the victim would have had had she survived. An example of a case or a victim’s estate can sue for wrongful death with punitive damages would be wrongful death.
Copyright 2006
