California Wrongful Death Legal Assistance

According to attorney Tawny Mazarei, in California, wrongful death refers to a civil lawsuit that can be filed when a person’s death is caused by the wrongful act, neglect, or default of another party or entity. Wrongful death claims are meant to provide financial compensation to the surviving family members or beneficiaries of the deceased individual for the losses they suffered as a result of the death.

The following elements typically need to be established to pursue a wrongful death claim in California:

1. Death of a Person: There must be a death of a person caused by the actions or negligence of another party.
2. Negligence or Wrongful Act: The death must have resulted from the wrongful act, neglect, or fault of another individual, company, or entity. This can include actions such as negligence, intentional harm, or misconduct.
3. Surviving Family or Beneficiaries: The deceased person’s surviving family members, such as a spouse, children, or other dependents, may be eligible to file a wrongful death claim. In California, the specific individuals who can bring a wrongful death lawsuit are defined by statute.
4. Damages: The wrongful death claim seeks compensation for the financial and emotional losses suffered by the surviving family members as a result of the death. Damages may include funeral and burial expenses, loss of financial support, loss of companionship, and emotional distress.

Wrongful death claims in California can arise from various situations, including but not limited to:

• Car accidents
• Medical malpractice
• Workplace accidents
• Nursing home abuse or neglect
• Dangerous or defective products (product liability)
• Criminal acts leading to death
• Unsafe premises leading to fatal accidents (premises liability)

It’s important to note that the statute of limitations for filing a wrongful death lawsuit in California is generally two years from the date of the person’s death. However, there are exceptions and specific circumstances that may affect the time limit for filing a claim.

Seeking legal advice from an experienced attorney specializing in wrongful death cases in California is crucial to understand your rights, assess the circumstances of the death, and determine the best course of action for pursuing a wrongful death claim. Please contact us to seek assistance.