California Wrongful Death
A wrongful death lawsuit is a civil action that’s brought when a person dies as the result of the carelessness and negligence of somebody else. California has its own wrongful death statute, and it designates who is allowed to bring a wrongful death action. Those people are usually the surviving members of the decedent’s family or his or her personal representative.
The statute of limitations
The general rule is that any wrongful death lawsuit in California must be filed within two years of the date of the decedent’s death. Although there are limited exceptions to this rule, it’s highly likely that any failure to bring a wrongful death action within the two year limitation period will result in dismissal of a wrongful death case. In some cases, the limitations period could be shorter.
Wrongful death damages
The damages recoverable in a California wrongful death action are based on the facts of each individual case. They ordinarily include:
- Medical and hospital bills resulting from the accident
- Lost income he or she was expected to receive in the future
- Funeral and burial expenses
Survival actions
Along with the wrongful death action, the law permits a survival action that’s almost always brought as a second count of the lawsuit. It’s not permitted if the victim died instantaneously, but he or she need only have lived for a short time after the occurrence that gave rise to the fatal injuries. Damages permitted in survival actions are “the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover, had the decedent lived.” They don’t include pain, suffering or disfigurement.
Families of those who died as a result of the careless and negligent acts of others deserve fair and full compensation. Contact a wrongful death attorney for a free consultation and case evaluation on any wrongful death case involving a member of your family.
