The term “wrongful death” refers to a situation in which one person dies due to the misconduct or negligence of another. In these cases, the family members have the right to claim compensation for the damages caused to the victim.
Here we answer three of the most frequently asked questions about wrongful death cases.
# 1 Who can file a wrongful death case?
California state law has determined that only certain survivors have the right to claim compensation for the wrongful death of their loved one. Generally, the lawsuit can be brought by the spouse or children (or grandchildren if they are children of a deceased child of the victim). In addition, brothers and sisters have the right to make a wrongful death claim if the deceased has no surviving children or parents.
In the event that a young child dies, the parents have the right to pursue a wrongful death lawsuit.
There are some exceptions, so it is best to consult with an experienced attorney.
# 2 When Should A Wrongful Death Compensation Claim Be Filed?
A wrongful death action under California law must be started within two years from the date of the decedent’s death. A survival action must be filed within six months of the deceased’s date of death or within one year of the injury.
# 3 Do survivors have to file a lawsuit even though the deceased had started a personal injury claim?
Yes, even if the decedent had already filed a personal injury claim, a new wrongful death or survivor claim must be filed within the established deadlines.
If you find yourself experiencing a similar situation, we invite you to contact our legal team. We will gladly answer your questions and accompany you in these difficult times.
Remember that the support of an experienced attorney can help you get the compensation that you and your family members deserve!