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When Can a Wrongful Death Claim Be Filed in California?

Losing a loved one is mentally and emotionally taxing, but losing them at the hands of another is even more devastating. While money can never bring back a loved one, it can help ease some of the financial pressure left behind by their passing.

If you’re considering filing a wrongful death claim in California, contact the attorneys at Saeedian Law Group.

What is a wrongful death claim?

When a victim dies due to another person’s action or inaction, the victim has passed away wrongfully. In general, for a death to be considered wrongful, the victim died because someone acted negligently or intentionally.

A wrongful death lawsuit allows the victim’s family to pursue financial recovery for the death of their loved one.

What types of incidents give rise to wrongful death lawsuits?

A wrongful death lawsuit can arise from many different situations. Some of the most common types of incidents giving rise to wrongful death claims include:

  • An intentional killing
  • Motor vehicle accidents
  • Accidents due to a property owner’s negligence
  • Accidents involving defective products
  • Medical malpractice

In any of these scenarios, someone else’s actions or negligence can cause a victim to pass away.

Who’s entitled to file a wrongful death claim in California?

Not everyone is entitled to file a wrongful death claim. In California, only certain surviving family members can file, including spouses, children, or grandchildren. If the victim did not have any of the aforementioned, an individual entitled to receive the victim’s property at death could file, including parents or siblings.

Additionally, if someone can show they were financially dependent on the victim, they may be entitled to benefit from a wrongful death claim. These individuals could include a putative spouse or stepchildren.

What types of damages are available for wrongful death lawsuits?

Damages for wrongful death claims compensate surviving family members for the loss of a loved one. The types of damages available depend on the details of the case, but they might include:

  • Medical expenses 
  • Funeral and burial expenses
  • The victim’s future lost income and benefits
  • The value of household services the victim could have provided
  • Loss of love, companionship, and support

The value of your wrongful death claim can be challenging to calculate. A qualified attorney will review the details of your case to determine how much you’re entitled to and work diligently to pursue compensation on your behalf.

How long do I have to file a wrongful death claim in California?

The length of time you have to file a civil lawsuit depends on the type of case and statute of limitations.

In California, the statute of limitations for wrongful death lawsuits is two years from the date of the victim’s death.

If you fail to pursue your claim within the two-year period, you risk losing your right to compensation.

To avoid missing your opportunity to seek financial recovery, speak to a wrongful death lawyer in Los Angeles as soon as possible. 

Consult with a Los Angeles Wrongful Death Attorney

For over a decade, the Saeedian Law Group has been representing clients in wrongful death claims in Los Angeles and the surrounding area. We understand the difficulty that comes with losing a loved one, and we’ll do everything we can to relieve some of your financial burdens. If a loved one has died and you’re considering taking legal action, the Saeedian Law Group is ready to hear your story and provide the highest-quality legal services. We offer free case evaluations. Call us today or contact us online for a complimentary case review.