Losing a loved one can leave families devastated and unable to feel whole again, and this tragedy is magnified when their death was caused by the negligence or intentional act of someone else. While nothing can bring your loved one back, you may be able to file a wrongful death claim against the party responsible for their death, which can help bring closure and financial assistance, particularly if the family depended upon the decedent.
If you live in California and have lost a loved one due to a wrongful death action, our attorneys can help. We have filed thousands of claims to help clients and their families find justice in response to losing their loved ones. Contact us today to find out more.
The Most Common Causes
As attorneys who practice in helping families recover for personal injuries and wrongful death in connection with the misconduct or negligence of another party, some of the most common incidents that we see give rise to wrongful death claims include the following:
- Auto accidents – including those involving cars, trucks, pedestrians, and motorcycles; acts of reckless driving; injuries can include spinal cord and traumatic brain injuries
- Medical malpractice – including emergency room and anesthesia malpractice, as well as medical errors, errors during surgery, birth injuries, and missed diagnoses
- Products liability – dangerous or defective products
- Nursing Home Misconduct
- Workplace incidents
Who can File
The law in California dictates that the decedent’s surviving family members, such as a spouse, domestic partner, children, or others, or a personal representative of their estate may file a wrongful death claim. Those who have been harmed in a wrongful death claim can recover both economic (direct losses, such as medical expenses, lost wages, funeral expenses) and non-economic (for example, loss of companionship) damages.
Under some circumstances, a bystander who witnesses the incident that harms a loved one may recover damages for emotional distress. California courts have set forth a three-part test: In order to recover, a plaintiff must:
- Have been present at the scene of the accident;
- Suffered serious mental distress as a result of the accident; and
- Be closely related to the victim.
Contact Our California Wrongful Death Attorneys to Find Out More
If you live in California and have lost a loved one due to a wrongful death action, our attorneys can help. We have filed thousands of claims to help clients and their families find justice in response to losing their loved ones. You want to ensure that you work with an attorney who has significant courtroom experience, and someone with whom you are comfortable. Do not wait too long: The time limit (or statute of limitations) is two years from the date of the decedent’s passing. Contact us today to schedule a free consultation and find out more.