How You Should Handle a Wrongful Death in California
The sudden and unexpected death of a loved one creates multiple immediate crises for families. In many cases, families must quickly adapt to a sudden loss of income, in addition to the loss of assistance with various household duties.
Most families are far too overwhelmed with grief even to consider taking legal action when deaths are the result of the negligence of other parties. It is essential to keep in mind that California only allows people two years to file a wrongful death claim.
For this reason, people whose loved ones were recently killed in accidents should immediately contact the Los Angeles Injury Group. Call (310) 954-7248 to schedule a free consultation.
People Eligible to File Wrongful Death Claims in California
California Code of Civil Procedure § 377.60(a) establishes that a wrongful death action can be asserted by any of the following persons or by the decedent’s personal representative on their behalf:
- Decedent’s spouse
- Decedent’s domestic partner
- Decedent’s children
- If there is no surviving issue of the decedent, persons entitled to property of the decedent by intestate succession.
Additionally, the following people can also maintain wrongful death actions under California Code of Civil Procedure § 377.60(b), provided that they can prove they were dependent on the decedent:
- putative spouse;
- children of the putative spouse;
In many cases, the insurance company for a negligent party will try to contact the victim’s family to try and get them to accept a settlement that is usually much less than the family is entitled to. People should avoid speaking to insurers until they have legal counsel.
In many cases, the parties eligible to file wrongful death claims can be entitled to various kinds of damages, some of which may be significant. Wrongful death damages may include funeral expenses, medical bills, lost income, loss of household services, and loss of consortium.
In some cases, family members may also be able to file a survival action. Under California Code of Civil Procedure §377.30, a survival action is an action that that survives the death of the person and passes to the decedent’s successor in interest.
Survival actions are typically filed in cases in which the deceased was not immediately killed in an accident. In most cases, the descendent endured a certain degree of pain and suffering before his or her death.
Find a Wrongful Death Lawyer in Los Angeles
If your loved one was killed in an accident in Southern California, it is in your best interest to immediately retain legal counsel. Contact the Los Angeles Injury Group right now. We will conduct an exhaustive independent investigation and work to hold all negligent parties accountable.
Our firm represents residents and visitors throughout the greater Los Angeles area. You can have our Los Angeles personal injury attorney review your case and answer all of your legal questions when you call (310) 954-7248 or contact us online to schedule a free consultation.