California Wrongful Death: The Basics For Filing A Case

2007-03-08 10:33:40

( Legal )



A wrongful death claim arises when the surviving family members of a victim file for damages after the death of an individual. In these cases, there has to be proof that there was negligence, willful or wrongful act or omission of another party that caused the death.

California wrongful death laws will vary from the laws that are in place in another state. For instance, the first requirement for California wrongful death is that the persons claiming for damages should be the rightful heirs of the deceased person. Heirs pertain to the immediate family of the deceased individual as well as the relatives.

However, in some cases, anyone who was living in the same household as the deceased person for a minimum of one hundred and eighty days before the death occurred and was receiving as much as half of his or her financial support from the deceased can also claim for damages under the laws of the state of California.

Under California wrongful death laws, there are three kinds of damages that can be awarded to you based on the decision of the presiding jury. First, you can be compensated for the loss of the love and support that you should be receiving from the deceased person. Second, you can also be awarded damages arising from the value of whatever services the deceased person could have rendered in the household. Finally, you can also be awarded damages based on the financial support that you should be receiving from the deceased person. In addition to this, expenses associated with the funeral and burial of the deceased can also be claimed in a court of law under wrongful death.

In California, you also need to file the lawsuit within two years from the time that the accident or wrongful death happened so that it can be considered valid.


All rights Reserved © Tradenet Services srl
Do not duplicate or redistribute in any form.