The loss of a loved one, whatever the circumstances surrounding it, is one of the most distressing and traumatic experiences for near and dear ones. While it is agonizing to lose a loved one because of natural causes, the pain gets exacerbated manifold if the cause of death is someone else’s negligence or misconduct.

In such circumstances where another person or entity, either due to negligence or intentionally, caused your family member’s death, you are within your rights in California to file a wrongful death claim.

Wrongful Death and Survival Action: What is the Difference?

A California wrongful death lawsuit can help recover compensation for the survivors of the deceased for monetary support, and emotional agony.

On the other hand, a survival action claims the medical costs, pain and suffering, and other damages suffered by the deceased before their death, owing to the negligence or misconduct on the part of the defendant.

Simply put, a personal injury lawsuit the deceased person could have filed if alive becomes a survival action after their death. The estate of the deceased person may file a survival action claim within six months of the death or two years of the injury, whichever maybe later.

Who Can Be the Plaintiff in a California Wrongful Death Claim?

In California, the following among the deceased person’s loved ones can file a wrongful death claim:

• Spouse
• Domestic partner
• Children

If the deceased leaves behind no surviving spouse, child, or partner, the next of kin entitled to the property of the deceased person, including parents or siblings, are eligible to file a claim. Stepchildren, putative spouses, or the children of the putative spouse are also eligible if they were financially dependent.

The Statute of Limitations

In California, if you fail to file a wrongful death claim within two years from the date of death, you stand to lose all rights to file a claim.

How to Calculate the Damages in a California Wrongful Death Claim?

You can claim the same damages in a wrongful death claim as in a personal injury lawsuit. You may add the medical costs related to the injuries that caused the death as well as the burial and funeral expenses, to your claim.

Calculations of damages, including the costs already incurred as well your expenses for the years ahead, is a complicated process. Your personal injury lawyer will likely need technical expertise from accountants, medical professionals, and financial experts, to arrive at a figure that takes into consideration life expectancy, inflation, and other factors.

Pain and Suffering

The non-economic damages on losing a loved one, such as the emotional pain or loss of consortium, are hard to evaluate in purely monetary terms. You will need to establish how the loss of affection and companionship has taken an emotional toll on your health and well-being, including anxiety, depression, and other mental health after-effects.

Punitive Damages

A California jury may award punitive damages if there is clear evidence of malice, fraud, or oppression of facts by the defendant. There is no cap on the maximum amount of damages in a punitive action in the state of California.

Find the Right California Attorney for Your Wrongful Death Lawsuit

Even though a wrongful death claim seems quite like a personal injury one, certain facets are more complicated and you will require the help of an experienced and competent California personal injury lawyer to handle your claim in the right manner.

Have You Lost a Loved One Due to Someone Else’s Negligence?

No one deserves to go through losing a loved one because of negligence or willful misconduct of another. If you or a loved one has suffered such a loss, the skilled wrongful death attorneys at Walch Law are available to help you guide with your wrongful death claim.

Nothing can repatriate the loss of a loved one, but a wrongful death lawsuit can help you financially as you seek to tackle the uncertain future. Talk to one of our attorneys today during a free and confidential case consultation. Call us at (844)999-5342 or use our convenient online contact form.