Who can file A Wrongful Death Claim?

Under California law, only certain individuals are permitted to file a wrongful death claim. These include:

• –Surviving spouse or domestic partner: The spouse or registered domestic partner of the deceased person has the right to file a wrongful death claim.
• –Surviving children: The children of the deceased person, including adopted children, can file a wrongful death claim.
• –Dependents: Certain individuals who were financially dependent on the deceased may be able to file a wrongful death claim. This may include stepchildren or parents who were financially dependent on the deceased.
• –Personal representative: The personal representative of the deceased person's estate can file a wrongful death claim on behalf of the estate and the surviving heirs.

If the decedent has no surviving spouse or children, then the claim can be brought by the persons who would be entitled to the property of the decedent by intestate succession.

It's important to note that California law has specific rules regarding who can file a wrongful death claim and when. The statute of limitations for filing a wrongful death claim in California is generally two years from the date of death. However, there are exceptions to this rule, so it's advisable to consult with an attorney as soon as possible to ensure your claim is filed within the required timeframe.

Types Of Damages In Wrongful Death Cases

In California, there are several types of damages that can be recovered in a wrongful death case. These damages are intended to compensate the surviving family members for their financial and emotional losses resulting from the death of their loved one. The types of damages that can be recovered include:

• –Economic damages: These are damages that have a specific monetary value and can be calculated with relative accuracy. Economic damages in a wrongful death case may include:
  • -Financial support that the deceased would have contributed to the family during their expected lifetime
  • -Loss of gifts or benefits that the survivors would have expected to receive from the deceased
  • -Funeral and burial expenses
  • -The reasonable value of household services that the deceased would have provided
• –Non-economic damages: These are damages that do not have a specific monetary value and are more subjective in nature. Non-economic damages in a wrongful death case may include:
  • -Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support
  • -Loss of enjoyment of sexual relations (for a surviving spouse or domestic partner)
  • -Loss of guidance and training that the deceased would have provided to their children

It's important to note that punitive damages, which are designed to punish the defendant for particularly egregious behavior, are generally not available in wrongful death cases in California. However, they may be available in a survival action, which is a separate legal claim that can be brought alongside a wrongful death claim.