In California, all potential claimants must be included in one lawsuit. This is covered under California’s “one action rule.” Once a claim concludes with a settlement or judgment that results in a financial reward, the distribution of the amount can be agreed upon by all the recipients. If an agreement cannot be reached, then a hearing will be held to decide the amount to be allocated to each person.
Who Can File a Wrongful Death Claim
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
When a financial settlement is rewarded a larger portion is typically distributed to the surviving spouse and children, however, disputes can arise. A Wrongful Death Lawyer can help manage your claim and find acceptable ways for damages to be distributed before a settlement is even reached.
How Much Time Do I Have to File a Wrongful Death Lawsuit in California?
According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say defective breaks on a truck caused a cyclist to crash. The cyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
What are the Damages for Loss of Life in California
After a fatal accident, the decedent’s family can file a wrongful death claim, as well as a survival action claim to receive damages. In a wrongful death claim, there are 4 types of damages the victim’s family can receive. These include:
- Burial and funeral expenses
- The decedent’s lost income and financial support
- Pain and suffering
- Loss of consortium
Survival action is oftentimes filed along with a wrongful death claim because it claims damages the victim suffered before their death. Survival action damages normally include:
- Medical expenses the decedent incurred because of the wrongful.
- Damage to the decedent’s property during the wrongful act
- Wages the decedent lost between the wrongful act and the date of death
- Non-economic losses such as:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement
How Maison Law Can Help
If you’ve lost a loved one due to the careless acts of another or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. We understand the profound impact such a loss can have on your family and when you’re ready to take legal action, we’re here to pursue justice on your behalf and protect your family’s right to compensation.
Contact Maison Law today for a free, confidential consultation. We work on a contingency fee basis, which means you won’t pay any legal fees unless we recover compensation for you.
