Who Can File a Wrongful Death Lawsuit in California?
No event can match the trauma of losing a loved one. This is particularly true when a family member unexpectedly dies due to a drunk, distracted, or negligent driver.
Although no amount of money can undo such a tragedy, filing wrongful death lawsuit may allow you to recover the necessary funds to pay for medical bills, lost income, funeral and burial expenses, and other damages. In the state of California, the following people are able to file wrongful death lawsuits:
- Spouse of the deceased;
- Domestic partner of the deceased; or
- Children of the deceased.
Pursuant to Part 2, Title 3, Chapter 4, Article 6, Section 377.60(a) of the California Code of Civil Procedure, if none of these parties are available, the lawsuit may be brought by any person who would be entitled to the deceased’s property by interstate succession.
If a member of your family died due to another person’s negligent or malicious actions, contact Jeffrey E. Estes & Associates. A personal injury lawyer will evaluate your case to determine if you have grounds for a wrongful death claim.
Attorneys Jeffrey E. Estes and Alton J. Smith both hold AV Preeminent ratings by the prestigious Martindale-Hubbell attorney rating service. They will help you fight for the maximum compensation and avoid mistakes such as making recorded statements to the insurance company or accepting a settlement too early. Call 855-290-8080 today to schedule a free initial consultation with a car accident attorney in San Diego.
Can I File a Wrongful Death Lawsuit after the Death of an Unborn Child?
No. In the state of California, the death of a fetus or unborn child is not actionable under the wrongful death law. Also, death due to justifiable homicide is not actionable. For instance, if the victim died while committing a crime, his or her dependents would not have grounds for a wrongful death claim.
What Is the Statute of Limitations for Wrongful Death Claims in California?
The statute of limitations is a deadline by which a person must take legal action. If you attempt to file a wrongful death lawsuit after the statute of limitations has expired, it is likely that the court will dismiss your case.
There are several statutes of limitations that may apply to a wrongful death case. Typically, a wrongful death action must be brought within two years of the victim’s injury or death. However, in cases of medical malpractice, the statute of limitations is three years from the date of the injury or death or one year from the date when the plaintiff discovered or should have discovered that the deceased was a victim of wrongful death. If the claim is against a government agency, the statute of limitations is usually six months.
If you believe that your loved one was a victim of wrongful death, turn to Jeffrey E. Estes & Associates. A San Diego personal injury lawyer will evaluate your case, interview witnesses, gather evidence, and help you make a claim for the maximum compensation. Call 855-290-8080 today to schedule a free consultation.
