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Everything You Must Know About Filing a California Wrongful Death Claim

Wrongful Death Law Blog

Today we take a comprehensive look at the eligibility of a wrongful death lawsuit. Michael Ehline, a wrongful death attorney, is extremely knowledgeable about California’s wrongful death statute. 

I am attorney, Michael Ehline, an expert in wrongful death claims and I offer a free consultation to the victim’s survivors. Ehline Law Firm can offer the most practical legal advice while maintaining an aggressive stance towards the civil procedure. Our primary goal is helping families acquire the greatest possible amount of financial compensation using our personable, aggressive skills to battle the insurance company and the at fault party.

When Can Someone File For a Wrongful Death Lawsuit 

California law states a wrongful death case arises when an individual dies due to the legal fault of another entity or person.

Such incidents include:

  • Incidents based on negligence like automobile accidents.
  • Medical malpractice
  • Acts intended to harm an individual. Included in this category are crimes.

As with wrongful death lawsuits in general, the defendant’s liability involves paying financial compensation to the decedent’s surviving spouse or family member. If the plaintiff’s court rules, the responsible party who caused the wrongful death must cover funeral and burial expenses. There is one significant difference between a criminal homicides case and wrongful death claims. A conviction receives probation, jail time, or other sanctions.

A key element to note between criminal prosecution and a wrongful death claim is the defendant’s liability. It can only be shown by a preponderance of evidence which means the deceased person’s death is more than likely to be the accused’s responsibility. In a case like this acquiring a wrongful death lawyer from a personal injury law firm like Ehline would be one of the most suitable options.

Who Can File a Wrongful Death Claim in California?

California’s wrongful deaths claims statutes permit the following persons to file a civil lawsuit for personal injury damages.

  • A domestic partner or the decedent’s surviving spouse.
  • The decedent’s surviving children.
  • Grandchildren of the child of the decedent.

If no surviving person exists in the deceased person’s descent, anyone who qualifies by intestate succession can file a wrongful death claim. The deceased person’s parents and the deceased person’s siblings are entitled to file a California wrongful death case. Individuals who can prove they were financially dependent on the victim can also file for compensation.

These people or entities can include:

  • A putative spouse of the deceased
  • Any children belonging to the putative decedent’s spouse
  • The deceased person’s parents
  • Stepchildren of the deceased
  • If the elders are deceased, a legal guardian may file suit. 

What Damages are Possible In Wrongful Death Claims?

Compensatory damages are losses incurred by the plaintiff due to the decedent’s death. To fully grasp the scope of damages available to a surviving family member, we need to examine the California Civil Jury Instructions and the California code.

The wrongful death of an adult can fall into two categories, non-economic and economic. Economic damages can include:

  • Financial support contributed by the deceased to family members.
  • Loss of benefits or gifts an individual expected to receive from the descendant
  • Funeral expenses
  • The household service that the decedent provides is paid in reasonable dollar value.

Non-economic damages include the following impacts on family members:

  • Loss of companionship, comfort, love, care, assistance, affection, protection, and moral support
  • Partner or spouses loss of intimacy with the descendant.
  • Loss of guidance.

What is the Statute of Limitations for Filing a Wrongful Death Claim?

Video Transcript

” 0:00 what is the statute of limitations for 0:02 filing a wrongful death claim the clock 0:05 for the statute of limitations in a 0:07 wrongful death claim usually starts to 0:09 tick on the date of the death of the 0:11 decedent in California the wrongful 0:16 death statute as of 2007 is a two-year 0:19 statute which means two years from the 0:22 date that the decedent died within that 0:24 time period the plaintiff in this case 0:26 the family members would have to sue for 0:29 wrongful death”

Like most civil lawsuits, wrongful death claims need to be filed within a particular time frame. That is known as the statute of limitations. The state laws of limitations permit a filing deadline of two years. One of the wrongful death lawyers at Ehline Law Firm can assist surviving family members through a professional attorney-client relationship.

Our personal injury attorneys are qualified to seek damages for your loved one’s death. It is done on behalf of the descendant who is suffering pain due to the wrongful death. 

We can help you recover compensation, the victim’s estate, non-economic losses, potential income, hospital expenses, and associated medical costs caused by the wrongful act.

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Let Ehline Law Firm Help You With Understanding Wrongful Death Better

Contacting us is the first step to seeing if you have a legal standing to claim monetary damages. Don’t let someone else’s negligence cause suffering for years to come. Understanding the devastating events can help attorneys get more details of the victim’s passing.

Speak to an attorney at Ehline Law Firm about your potential claim, and we can tailor advice for your situation. Our attention to detail is immaculate, and we have a reputable track record in California. You no longer need to put good faith in unscrupulous individuals. Let our firm help in the process of recovering settlement in your case.

Contact Ehline Law Firm and speak to a qualified attorney. A personal representative can help you recover damages caused by the unexpected death of their loved one. All confidential information is treated with the utmost respect.

Call us at (213) 596-9642. You can also fill out our comprehensive, handy contact form to tell our superior, award winning personal injury attorneys about your potential case 24/7 and obtain driving directions. Call now before you blow the statute of limitations to file a claim.

Michael Ehline

Michael Ehline in Tuxedo

Michael is a managing partner at the nationwide Ehline Law Firm, Personal Injury Attorneys, APLC. He’s an inactive Marine and became a lawyer on the California State Bar Law Office Study Program, later receiving his JD from UWLA School of Law. Michael has won some of the world’s largest motorcycle accident settlements. He compassionately helps clients recover after serious injuries.

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