A loved one’s death under any circumstance is bound to leave you understandably devastated and heartbroken. Yet, if your loved one’s death was preventable, it is heartbreaking and devastating in a particular way.
If your loved one’s recent death is linked to someone else’s negligence or malicious actions, you may pursue justice for the resulting economic and non-economic damages you’ve suffered as a result of your loss. All you need to do is file a civil lawsuit per California wrongful death laws.
What qualifies as a wrongful death lawsuit?
Basically, death is treated as wrongful under the law when it is occasioned by another party’s negligence, recklessness or intentionally dangerous conduct. Here are examples of negligent actions that can result in wrongful death:
- A car accident that results in fatal injuries
- A healthcare provider who fails to exercise their duty of care to the patient resulting in a preventable death
- A property owner who fails to fix a hazardous condition leading to a fatal slip-and-fall accident
- A product design or manufacturing error that leads to fatal injuries
Who can sue for wrongful death in California?
California laws permit the following individuals to bring a wrongful death claim:
- The deceased’s spouse or registered domestic partner
- The deceased child or grandchild
- The deceased’s parents
- The deceased’s estate representative
California statute of limitation for wrongful death claims
Like in any legal matter, you cannot file a wrongful death claim at your convenience. Rather, you must act within the statute of limitations period as provided by law. In California, you have up to two years from the date of your loved one’s wrongful death to sue the liable party. Your claim may be refused if you do not file before the statute of limitations period runs out.
Filing a wrongful death claim will not bring back a loved one. However, it can award you the compensation you’ll need to ensure that another’s conduct doesn’t burden your family’s finances on top of everything else you have already suffered. Find out how you can safeguard your rights and interests while pursuing a wrongful death claim in California today to begin this process.