The Ultimate Guide to Wrongful Death Claims in California

A wrongful death is one defined by the negligent behavior of another. If your family member has been wrongfully killed in a car accident, medical malpractice accident, or a slip-and-fall due to another person or entity’s carelessness, you have the right to sue for wrongful death in the state of California.

The time after which a family has died is one stamped by mixed emotions, and filing a claim can feel like a confusing and overwhelming burden to add to the list. A dedicated wrongful death attorney can take that pressure off of your hands. At Kash Legal, our team is here to walk you through the process, step by step, so you understand exactly how the process works and what you are owed.

Who Can File a Wrongful Death Claim in California?

In The Golden State, you may file a wrongful death claim if you are legally entitled to the deceased party’s property under California’s succession laws. This typically includes the following:

Surviving spouse
Domestic partner
Surviving children
Surviving grandchildren (if the children are also deceased)

There are other cases in which you may be eligible to file a claim, including if the deceased party specifically identified you in their will prior to death. If there is confusion over who can file a claim or how to, the skilled team of lawyers at Kash Legal can help.

Compensation Available for a Wrongful Death Claim

You and your family are owed damages for the wrongful death of your loved one. After carefully reviewing your case and investigating the incident, your attorney can help you choose the specific damages you are rightfully owed. In California, there are economic and non-economic damages. Economic refers to measurable damages, such as lost wages, the cost of the funeral, or burial fees. Non-economic refers to losses not as easily calculated, like pain and suffering. You cannot typically be awarded compensation for pain and suffering in a wrongful death claim. Common examples of damages can include:

Lost income from the deceased
Funeral or burial fees
Medical expenses
Reasonable value of household service the deceased would have provided

Alongside damages, you can file for a survival action under California Code of Civil Procedure 377.30. This allows for the plaintiff to file a lawsuit against the defendant for the loss of the deceased party’s income or for medical bills or damages, such as pain and suffering. This is not a lawsuit for the wrongful death, but instead for the losses sustained as a direct result of the wrongful death before the party died. Many times, the survival action is combined and filed simultaneously with the wrongful death lawsuit. A survival action must be filed within two years of the wrongful death.

Contact a Wrongful Death Lawyer in California Today

Filing a wrongful death claim can come with feelings of guilt. Would the deceased party have wanted this? If the answer to that question is yes, or you feel if the party had survived the accident and filed a personal injury claim themselves, a claim could help you and your other surviving family members get the justice and compensation you deserve. Kash Legal has recovered millions of dollars for our clients and is an award-winning personal injury firm.

We handle each case with the sensitivity and attention it deserves. If you don’t win your case, we don’t collect any fees. To begin the process today, call our firm for a free consultation at (888) 527-4128. You can also use our contact form.