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Losing a loved one never feels right, but in the eyes of the law, a death is only considered “wrongful” under certain circumstances. If you recently lost a family member and think the circumstances surrounding their death constitute legal action, here’s what you should know before proceeding:

1. Not Everyone Who Was Impacted by the Loss Can Bring a Claim

An accidental death might hurt dozens of people, but only a select few are entitled to proceed with a claim in pursuit of damages. In the state of California, the following parties have the right to file a wrongful death claim:

• The victim’s surviving spouse or domestic partner,
• The victim’s surviving children,
• Those who are eligible to inherit the victim’s property under the laws of intestate succession,
• The victim’s putative spouse or the children of said spouse,
• The victim’s stepchildren, and
• Any minors who lived with the victim for at least 180 days prior to the accident and depended on him or her for at least half of their financial support.

It’s worth noting that the personal representative of the victim’s estate is also entitled to file a claim. In such a scenario, any recovered funds would be distributed among the deceased’s rightful heirs.

2. You Can Seek Both Economic and Non-Economic Damages—If You Can Prove You Actually Incurred Them

California recognizes the fact that losing a loved one can be both emotionally and economically devastating. As such, wrongful death claimants can seek both economic and non-economic damages. Examples include:

• Medical bills the family incurred from the time of injury to that of the victim’s death;
• Funeral and burial costs;
• Loss of anticipated gifts or inheritances;
• Loss of financial support;
• Loss of household services; and
• The loss of affection, comfort, companionship, love, society, and support.

Economic damages are often accompanied by documentation like receipts, paystubs, and bank statements. As for proving the extent of your non-economic damages, you can use journal entries, photo albums, letters, social media posts, and statements from loved ones.  

3. Your Family Probably Has a Limited Amount of Time to File a Formal Lawsuit

Unless the victim was murdered, there will be a deadline for taking your case to court. California generally gives claimants two years to proceed with a wrongful death suit on the grounds of negligence.

If you’ll be taking action against a government entity, however, you may have much less time. In fact, there are a number of exceptions to this statute of limitations, so it’s best to seek legal counsel as soon as possible.

Speak with a California Wrongful Death Attorney

At Harris Personal Injury Lawyers, we know how devastating an unexpected death can be. If your family is grieving a loss that could have been prevented, we’ll help you take the steps needed to hold all liable parties accountable.

Our compassionate team is determined to advocate for those who have been wronged by others, and it’s this tenacity that has allowed us to secure more than $300 million of behalf of our valued clients. To set up a free initial consultation with a wrongful death lawyer in California, call 1-800-GO-HARRIS or fill out the Contact Form on our website.