When someone dies due to negligence, recklessness, or intentionality, California’s wrongful death laws allow surviving family members to seek compensation.
According to the California state website, Governor Gavin Newsom signed the revised Medical Injury Compensation Reform Act in 2022 through Assembly Bill 35. The law raised the cap on non-economic damages in medical malpractice wrongful death cases to $500,000, with annual increases of $50,000 until it reaches $1 million in 2033.
California wrongful death lawsuits can result from car accidents, medical malpractice, defective products, workplace injuries, or criminal acts. Keep in mind that wrongful death lawsuits seek monetary damages rather than criminal penalties like imprisonment.
California’s wrongful death laws specify who can sue, what damages can be recovered, and how long surviving parties have to sue. Families must understand these laws to hold responsible parties accountable and protect their rights.
This article will provide an overview of how wrongful death lawsuits work in the state of California.
Eligibility to File a Wrongful Death Claim
When can you sue for wrongful death in California? Wrongful death covers any kind of fatality caused by negligence or intentional misconduct.
According to https://www.eastonlawoffices.com/, under California state law, only the decedent’s closest surviving beneficiaries are permitted to file wrongful death claims. The victim’s spouse usually has the first right to file a claim, followed by any surviving children. If none are available, the right may pass to parents, siblings, or other close relatives.”
If they have no family, the estate’s personal representative or anyone else with a valid claim can make the claim.
Organize your evidence and other relevant documents to make the legal petitioning process easier and more efficient.
Types of Damages Available in Wrongful Death Cases
Various types of damages are used to compensate family members for the loss incurred in wrongful death cases.
- Economic damages might include lost income, medical bills, or funeral expenses as allowed by the particular case at hand.
- Non-economic damages can refer to intangible losses such as pain and suffering and emotional and psychological distress. This type of damage includes grief and the loss of companionship and relationships.
- Punitive damages may be awarded if the defendant demonstrated extreme recklessness or intentional misconduct.
An attorney can explain which damages are most appropriate for your case and what you can pursue.
The Legal Process for Pursuing a Wrongful Death Lawsuit
Dealing with the legal process of wrongful death lawsuits can be challenging, especially if your loved one just passed away.
The process usually involves collecting all relevant forms of evidence, whether they may be the various medical records, statements given by the eyewitnesses, or any other important statements that support your claims.
Consult a wrongful death lawyer so that you can get clear guidance about your rights and the process.
Your appointed attorney will file the complaint in the appropriate court and start your case against the relevant party.
The discovery phase starts when the complaint is filed and people from both sides are granted the opportunity to exchange information.
If no settlement is reached, the case goes to trial. At trial, the judge or jury will evaluate the evidence, hear witness testimony, and determine whether the defendant is liable. If liability is established, they will determine how much compensation the plaintiff should receive in damages.
Time Limits for Filing a Wrongful Death Claim
In California, you have only two years from the day of your loved one’s death to file a lawsuit. This time limit is known as the statute of limitations. If no claim is filed within two years, you may lose your right to seek legal action entirely.
A few exceptions exist, such as when a government body is involved, which can shorten the timeline.
Given how long it will take to gather admissible evidence, you should initiate the process as soon as possible.
Importance of Legal Representation in Wrongful Death Cases
Having skilled legal representation in the aftermath of a family member’s death can have a significant impact on your pursuit of justice.
An experienced attorney understands the issues surrounding wrongful death and will handle your litigation effectively. These legal professionals will assist you in obtaining compensation by compiling evidence, interviewing witnesses, and building a strong case.
Investing in skilled legal counsel allows you to focus on recovery while they handle all the legal aspects of your case. They can use their legal skills and expertise to secure fair compensation for your loss.
Don’t forget to prioritize your emotional and mental well-being. Lawyers can offer emotional support by actively listening to your worries and concerns about your case.
