Wrongful Death FAQs

1. What is a wrongful death claim?

A wrongful death claim is a lawsuit brought by the surviving family members of a person who has died due to the negligence or wrongful act of another party.

It seeks to recover damages for the financial and emotional losses suffered by the family as a result of the death. These claims are distinct from criminal charges and focus on civil liability.

2. Who can file a wrongful death lawsuit?

The specific individuals who can file a wrongful death lawsuit vary by state, but generally, the following family members have the right to file: 

• Surviving Spouse: The husband or wife of the deceased.
• Children: Biological or adopted children of the deceased.
• Parents: Often, parents can file if the deceased was unmarried and had no children.

3. How do you prove negligence in a wrongful death claim?

To prove negligence in a wrongful death claim, you must generally establish that the defendant owed a duty of care to the deceased, breached that duty, and that this breach directly caused the death, resulting in quantifiable damages to the surviving family. Essentially, you must show that the defendant’s carelessness or wrongful actions led to the loss of life.

4. What types of damages can be recovered in a wrongful death case?

Surviving family members may recover both economic and non-economic damages, including funeral and burial expenses, loss of the deceased’s income and benefits, medical bills related to the final injury, loss of companionship, emotional distress, and loss of future financial support.

5. How long do I have to file a wrongful death lawsuit in California?

In California, the statute of limitations for most wrongful death claims is two years from the date of death. However, if a government entity is involved, you may have as little as six months to file an administrative claim. It’s critical to act quickly to preserve your legal rights.

6. Do wrongful death claims always go to trial?

No. Most wrongful death claims are settled out of court through negotiation or mediation. However, if the parties cannot agree on liability or fair compensation, the case may proceed to trial. Having an experienced attorney can help ensure you’re prepared for either path.