If a decedent has no surviving spouse/partner or descendants, the wrongful death lawsuit may be brought by any family member entitled to inherit from the decedent’s estate under California’s intestacy laws. Typically, this means that surviving siblings, parents, or grandparents could potentially bring the wrongful death action.
Other family members and individuals may be entitled to bring and benefit from a wrongful death claim in California if they can show that they financially depended on the decedent at the time of death. This includes:
Although no amount of compensation can truly account for your loss, your family deserves some measure of justice after a wrongful death. In a wrongful death claim, you may be entitled to recover compensation for:
Additionally, a deceased individual’s estate is entitled to pursue the injury claim the decedent could have brought had he or she survived. This injury claim is known as a “survival” claim and is normally filed by the executor or representative of the decedent’s estate or the decedent’s successor-in-interest. A survival claim will allow the decedent’s estate to recover losses the decedent incurred prior to death, such as:
The particular recoverable losses will vary from case to case. An experienced wrongful death lawyer from our firm can help you better understand the compensation you may be owed.
The compensation recovered in a wrongful death claim is paid to the family members and heirs who were entitled under California law to file the wrongful death action. Any family member or heir who brings a wrongful death lawsuit is required to name all other eligible family members under the wrongful death statute.
Conversely, the recovery obtained in a survival action is paid to the deceased individual’s estate. As an asset of the decedent’s estate, the compensation is then paid out either according to the decedent’s will, if there is one, or according to California’s intestacy laws.
Most wrongful death claims eventually result in a settlement agreed to by the estate and surviving family members and the at-fault party. Because wrongful death claims often lead to significant compensation for families.
The statute of limitations on wrongful death claims in California gives a family only two years from the date of their loved one’s death to file a lawsuit against the responsible party. Many families are not prepared to take legal action right away, and that’s understandable. However, you should speak with a lawyer as soon as you feel ready to get the process started. At DePaoli Law Team, we handle all the details of your case from start to finish, allowing you time to grieve without risking the time limit running out on your case.
The expenses and logistics of a loved one’s passing can make it difficult to think about hiring an attorney on top of that. At DePaoli Law Team, we understand that, which is why we represent families in wrongful death cases on a contingency-fee basis. This means your family will not have to pay any money upfront to retain our firm for your case. We get paid only if we win compensation on your behalf, either in a settlement or at trial. That way, you can pursue justice on behalf of your loved one without having to worry about the expenses of litigation.
