3 Things to Consider When Filing a Wrongful Death Case in California

The California wrongful death statute of limitations is 2 years upon discovery.
This means that after discovering the cause of your loved one’s death, you have a maximum of 2 years to file a wrongful death lawsuit against the person or organization that is liable for his or her death.
Losing a loved one after an accident can be devastating but you have to do right about your loved one’s death and do right for your family.
By winning your wrongful death suit, you recover what you and your family lost due to your loved one’s death and your also get the state, through the court’s decision, recognize that you have been wronged by the liable party.
But what are the things that you should consider, when filing a wrongful death case?
To help you, here is a list of things you should consider:
Who is valid to file a lawsuit?
Under the law, only certain persons are allowed to file a wrongful death lawsuit.
The primary people allowed to sue are direct family members like the spouse, children and surviving grandchildren from a deceased child.
If these claimants are not available, then the people next in line are the parents, siblings, children of deceased siblings, grandparents and lineal descendants.
Although not covered in the first group, the next group of people can also file a wrongful death claim:
• Putative spouse – (their marriage is not recognized by law but believed in good faith that their marriage is valid)
• Children of putative spouse
• Stepchildren
However, they also have to prove that they were dependent to the deceased until time of death.
Last, a minor who lived with the deceased for at least 180 days prior to death and can prove that they are a dependent of the deceased can also file a wrongful death suit.
What caused the death?
The type of accident that caused the death of your loved one will also dictate what type of laws would apply to the case.
To give you an idea, here are some of the common accidents that could lead to a wrongful death and the laws that would apply:
• Vehicle accidents – State traffic laws against negligent drivers
• Slip and fall accident – Premises liability law
• Defective product – Product liability and consumer protection laws
What did you lose due to the death?
In this part, you should consider what you are trying to recover from the liable party.
In wrongful death cases, you can recover monetary and non-monetary damages such as:
• The value of financial support the deceased would have contributed to the household if not for his or her death.
• The value of household services contributed by the deceased before his or her death.
• Loss of companionship, affection, comfort and consortium (if deceased is spouse).
Wrongful death cases can be very complicated, so you better hire the services of an expert Los Angeles wrongful death attorney to help you in your case.