In California, a wrongful death injury is a legal term used to describe a death that occurs as a result of another person’s negligence or wrongdoing. When a person dies as a result of another’s negligence, the family members of the deceased may be able to file a lawsuit to seek compensation for their losses. It is important to work with a Wrongful Death Lawyer to understand who may bring a lawsuit for death in California.
Elements Of Wrongful Death In California
Filing a lawsuit in California to recover for the loss of a loved one requires pleading certain elements. For more information, please see How To File A Wrongful Death Lawsuit In California. The elements to file a lawsuit for wrongful death includes:
- The death of a person
- Caused by the wrongful act or neglect of another
- The surviving family members have suffered financially as a result of the death.
A death lawsuit can be brought by the decedent’s surviving spouse, domestic partner, children, or other family members, who may be able to recover damages for their loss of companionship, as well as for their own emotional distress and financial losses. See California Code of Civil Procedure § 377.60.
Examples Of Wrongful Death Cases In California
Many different situations can result in the death of a family member or loved one. For strategic information on how to succeed on your death case, please see How To Win A Wrongful Death Lawsuit. Examples of factual scenarios that may lead to a wrongful death lawsuit includes but are not limited to:
- Death caused by a car accident
- Death caused by medical malpractice
- Death caused by a defective product
- Death caused by workplace negligence.
Get Help From A Wrongful Death Lawyer
It’s important to note that in California there is a statute of limitation of 2 years from the date of death to file a death lawsuit. It is also recommended to consult with an attorney who has experience in this area of law. Call The Sterling Firm to speak with an experienced lawyer. Contact The Sterling Firm to work with a California Wrongful Death Lawyer.
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