What Is a Wrongful Death Claim

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December 17, 2017
Edward Smith


What Is a Wrongful Death Claim

I’m Ed Smith, a Roseville wrongful death lawyer. A wrongful death is that in which an individual dies as a result of negligence or an intentional act. Surviving family members may ask for compensation for the loss of the family member and financial support the decedent provided.

What Has to Be Proved in a Wrongful Death Case?

There are four basic elements that have to be shown for a wrongful death case to proceed in court. These are:

  • A family member died because of negligence or an act that was intentional such as murder.
  • The negligence was caused by another individual or entity such as a drunk driver, defective product or malpractice by a physician.
  • A personal representative has been appointed to handle the decedent’s estate.
  • Surviving family members have suffered a monetary loss because of the death.

Is There a Time Limit in Which to File for Wrongful Death?

The California Code of Civil Procedure 335.1 limits the filing of a claim for wrongful death to two years. When medical malpractice is involved or the negligent entity is the city, county, state or federal government, the statute of limitations is different. With medical malpractice, the statute of limitations is extended to three years or a year from the time the malpractice was discovered. Government claimants have only a six month period in which to file.

Watch Youtube Video – What is a Wrongful Death Action ~

What Are Survivor Actions?

In some instances, the decedent may have survived for some time before his or her death. Under California Code of Civil Procedure §377.30, this is a different lawsuit that can be brought against the negligent party. Survivor actions allow recovery of damages for the pain and suffering and knowledge of imminent death felt by the decedent before he/she expired. A survival action cannot be brought if the decedent died instantly.

What Damages Are Recoverable?

Financial damages recoverable because of a wrongful death are those expenses associated with the death and the financial contribution the decedent would have made in the future. These can include both economic and non-economic damages:

  • Funeral and burial expenses
  • Medical care if the decedent received medical treatment
  • Inheritance that was lost due to the death
  • Future earnings of the decedent
  • Loss of benefits, including pensions and medical insurance
  • Loss of consortium
  • Pain and suffering

Related Articles by Roseville Wrongful Death Lawyer Ed Smith

Roseville Wrongful Death Lawyer

I’m Ed Smith, a Roseville wrongful death lawyer. A wrongful death is a traumatic experience for families, and you need an experienced injury lawyer to recover compensation. When your loved one has been lost for these reasons, give me a call at locally. For long-distance callers, phone me at (800) 404-5400. My advice is friendly and free with compassion for your situation. An online contact form is also available at AutoAccident.com, my website.

For more than 35 years, I have represented Roseville residents and Northern Californians in personal injury cases. These include auto, truck and motorcycle accidents among other types of personal injuries.

It’s a good idea to learn about a law practice before calling. Find previous cases we have handled at settlements and verdicts. Comments by clients are located at Google, Avvo and Yelp.

Look over Million Dollar Advocates if you have the time. I belong to this group, which represents trial lawyers with $1 million verdicts and case settlements for their clients.

Photo Attribution: https://pixabay.com/en/grave-headstone-cemetery-graveyard-1634994/

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