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09/15/2023

Who Can Sue for Wrongful Death in California?

- The Pollard Firm, APC

Fighting for Justice After the Death of a Loved One

Losing a loved one is always a difficult experience. But if your loved one died as a result of someone else’s recklessness, it is nothing less than devastating. Surviving loved ones may have the right to seek compensation from the negligent party. However, only certain family members can bring a wrongful death lawsuit in California.

If you lost a family member due to someone else’s negligence, you should speak with an attorney right away. The Southern California wrongful death lawyers at The Pollard Firm can help you in your fight for justice. We have the drive and experience to get you the compensation you deserve and the compassion to guide you through this trying time. Call (909) 655-6102 today to schedule a FREE consultation.

What Is Considered Wrongful Death?

Wrongful death occurs when a person or entity knowingly or negligently causes a person’s death. Wrongful death arises in a wide range of circumstances. However, the majority of wrongful death cases involve the following:

  • Car accidents
  • Truck crashes
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle crashes
  • Drunk driving accidents
  • Medical malpractice
  • Defective products
  • Construction accidents
  • Nursing home abuse and neglect
  • Dog attacks
  • Intentional acts

Who Can File a Wrongful Death Claim?

After the wrongful death of a loved one, only certain people can bring a claim against the responsible party. In California, those who can file a lawsuit after a wrongful death are limited to surviving family members or the legal representative of the decedent’s estate. Eligible family members include the following:

  • Surviving spouse
  • Children
  • Domestic partner

Others who may have the right to bring a wrongful death action include the deceased individual’s parents, siblings, or legal guardians. It is best to speak with an attorney to determine whether you can file a wrongful death lawsuit or have the right to compensation as a beneficiary.

Recoverable Damages in a Wrongful Death Lawsuit

Whether your loved one passed away in a car accident or as a result of medical malpractice, if another party’s negligence caused their death, you may have the right to seek compensation. Recoverable damages depend on the nature of the accident and the extent of damages. However, you might be entitled to the following:

  • Funeral and burial expenses
  • The cost of your loved one’s medical care before their death
  • Loss of the decedent’s income
  • Lost inheritance
  • Loss of services provided by the decedent
  • Loss of benefits
  • Pain and suffering
  • Loss of consortium

Punitive Damages

Although rare, judges and juries may choose to award punitive damages. Unlike other damages, punitive damages aren’t given to compensate a victim’s family. They are solely awarded as a means to punish the wrongdoer and deter others from acting in a similar manner. 

Punitive damages are ordered at the court’s discretion and is typically done so when the court feels the actions or omissions of the at-fault party were especially harmful or egregious. Cases involving medical malpractice, product liability, and nursing home abuse are more likely to involve the awarding of punitive damages.

How Much Time Do I Have to File a Claim?

Each state sets forth the amount of time the surviving family member or personal representative of the decedent’s estate has to take legal action. This time frame is known as the “statute of limitations.” In California, the statute of limitations to bring a wrongful death action is two years. This means the eligible party must file a claim within two years of their loved one’s death.

If you do not act within the stipulated time frame, you may forever lose your right to compensation from the responsible party. To ensure you don’t forfeit the right to compensation, speak with a Southern California personal injury lawyer right away.

Consult with a Wrongful Death Lawyer in Diamond Bar for FREE

Losing a loved one is never easy. But knowing their death was preventable - solely caused by another party’s careless actions can be too much to bear. Fortunately, you may have the right to fight in your loved one’s memory to hold the party accountable for their actions.

If you want to learn more about wrongful death claims or to see if you are eligible to take legal action after a loved one’s death, contact The Pollard Firm. Our Inland Empire wrongful death attorneys are here to help you seek justice. We will fight tirelessly on you and your loved one’s behalf to secure maximum compensation from those responsible while offering our support and guidance throughout the process. To get started, contact us online or call (909) 655-6102  to arrange a FREE consultation.

Fighting for Justice After the Death of a Loved One

Losing a loved one is always a difficult experience. But if your loved one died as a result of someone else’s recklessness, it is nothing less than devastating. Surviving loved ones may have the right to seek compensation from the negligent party. However, only certain family members can bring a wrongful death lawsuit in California.

If you lost a family member due to someone else’s negligence, you should speak with an attorney right away. The Southern California wrongful death lawyers at The Pollard Firm can help you in your fight for justice. We have the drive and experience to get you the compensation you deserve and the compassion to guide you through this trying time. Call (909) 655-6102 today to schedule a FREE consultation.

What Is Considered Wrongful Death?

Wrongful death occurs when a person or entity knowingly or negligently causes a person’s death. Wrongful death arises in a wide range of circumstances. However, the majority of wrongful death cases involve the following:

  • Car accidents
  • Truck crashes
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle crashes
  • Drunk driving accidents
  • Medical malpractice
  • Defective products
  • Construction accidents
  • Nursing home abuse and neglect
  • Dog attacks
  • Intentional acts

Who Can File a Wrongful Death Claim?

After the wrongful death of a loved one, only certain people can bring a claim against the responsible party. In California, those who can file a lawsuit after a wrongful death are limited to surviving family members or the legal representative of the decedent’s estate. Eligible family members include the following:

  • Surviving spouse
  • Children
  • Domestic partner

Others who may have the right to bring a wrongful death action include the deceased individual’s parents, siblings, or legal guardians. It is best to speak with an attorney to determine whether you can file a wrongful death lawsuit or have the right to compensation as a beneficiary.

Recoverable Damages in a Wrongful Death Lawsuit

Whether your loved one passed away in a car accident or as a result of medical malpractice, if another party’s negligence caused their death, you may have the right to seek compensation. Recoverable damages depend on the nature of the accident and the extent of damages. However, you might be entitled to the following:

  • Funeral and burial expenses
  • The cost of your loved one’s medical care before their death
  • Loss of the decedent’s income
  • Lost inheritance
  • Loss of services provided by the decedent
  • Loss of benefits
  • Pain and suffering
  • Loss of consortium

Punitive Damages

Although rare, judges and juries may choose to award punitive damages. Unlike other damages, punitive damages aren’t given to compensate a victim’s family. They are solely awarded as a means to punish the wrongdoer and deter others from acting in a similar manner. 

Punitive damages are ordered at the court’s discretion and is typically done so when the court feels the actions or omissions of the at-fault party were especially harmful or egregious. Cases involving medical malpractice, product liability, and nursing home abuse are more likely to involve the awarding of punitive damages.

How Much Time Do I Have to File a Claim?

Each state sets forth the amount of time the surviving family member or personal representative of the decedent’s estate has to take legal action. This time frame is known as the “statute of limitations.” In California, the statute of limitations to bring a wrongful death action is two years. This means the eligible party must file a claim within two years of their loved one’s death.

If you do not act within the stipulated time frame, you may forever lose your right to compensation from the responsible party. To ensure you don’t forfeit the right to compensation, speak with a Southern California personal injury lawyer right away.

Consult with a Wrongful Death Lawyer in Diamond Bar for FREE

Losing a loved one is never easy. But knowing their death was preventable - solely caused by another party’s careless actions can be too much to bear. Fortunately, you may have the right to fight in your loved one’s memory to hold the party accountable for their actions.

If you want to learn more about wrongful death claims or to see if you are eligible to take legal action after a loved one’s death, contact The Pollard Firm. Our Inland Empire wrongful death attorneys are here to help you seek justice. We will fight tirelessly on you and your loved one’s behalf to secure maximum compensation from those responsible while offering our support and guidance throughout the process. To get started, contact us online or call (909) 655-6102  to arrange a FREE consultation.

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