A person who dies as a result of the misconduct or negligence of another is the victim of a "wrongful death."  A wrongful death can be commited by an individual, a company, or any organization.  A lawsuit for wrongful death belongs not to the victim, however, but to the surviving heirs, typically the immediate family members such as a spouse, children, or parents.  Walton Law Firm has litigated many wrongful death cases.

Under California law, a claimant for wrongful death must establish the following elements:

• There must be a death of a human being;
• The death must be caused by negligent or intentional conduct;
• The surviving heirs have suffered a loss of support, love, houshold assistance, comfort, etc. that was provided previously by the individual who died.
  

Wrongful death cases in California allow the heirs to recover damages for both economic loss, such as the financial assistance the decedent would have provided but for the death, and non-ecomomic loss, which can best be described by the emotional impact the loss has caused.  

STATUTE OF LIMITATIONS FOR WRONGFUL DEATH

The statute of limitations in California for wrongful death not caused by a healthcare provider is typically two years from the date of the death. That means if the claim is not settled, and a lawsuit is not filed within the two year period, the injured party will be barred from seeking money damages for personal injuries.

In cases involved medical malpractice, the statute of limitations the statute of limitations may be as short as one year, so it is important to consult with an attorney prior to the one-year anniversary of the death.

Note, that cases against a governmental entity (e.g. city, state, school district, etc.) have specific claims-filing requirements that usually require a government claim be filed with the public entity within six months of the date of harm.  Any cases where such an entity may be a defendant, it is important to consult with an attorney before the six-month period ends.

Walton Law Firm has handled numerous claims of wrongful death, and fully understands the serious and solemn nature of these cases. If you have questions about a wrongful death matter, please submit your confidential question online, or call Walton Law Firm for a free and private consultation. We can be reached toll free at (866) 607-1325 or locally at (760) 571-5500.