3 Things You Should Know About California Wrongful Death Law
Wrongful death law concerns disasters involving the death of an individual caused by a wrongful act or negligence of another person or entity. If your loved one was killed because of gross negligence, here are three important things to consider before filing a wrongful death claim.
Only Some Individuals Can File
In the state of California, a wrongful death lawsuit can only be brought to court directly by the survivors of the deceased person or by a personal representative of the deceased person’s estate. Likewise, survivors include the deceased person’s spouse, domestic partner, or children. If the deceased didn’t have a surviving descendant, a wrongful death lawsuit can be brought by anyone “who would be entitled to the property of the decedent by intestate succession,” which can include the person’s parents or siblings. If a person’s putative spouse and putative children, stepchildren, and parents were financially dependent on the deceased, they could also bring a wrongful death lawsuit in California if they can show their financial dependence.
A wrongful death claim is intended to compensate the deceased person’s family for funeral and burial expenses, medical bills, hospital bills, lost income, potential lost income, and loss of love and community. Likewise, any household services the deceased person served could be compensated in a wrongful death suit.
Statute of Limitations
If you intend to file a wrongful death claim, you should do so as soon as possible. Wrongful death claims must be filed within two years of the date of the decedent’s death. If it is not filed within that time, the family can lose the right to file at all, and compensation will be denied.
If you’re considering filing a wrongful death suit, talk to one of our skilled Los Angeles wrongful death attorneys. Mardirossian & Associates, Inc. has more than 45 years of combined legal experience to offer your case. Let our compassionate lawyers see how they can help you and your family through your difficult situation.
Contact us at (323) 648-3478 or fill out our online form to schedule a free case consultation today.