Wrongful death FAQs
We know you have a lot of questions. Here you will find answers to the most common questions we receive from our clients.
Our attorneys have provided this list of commonly asked Wrongful death questions for your convenience:
What is wrongful death?
Wrongful death can be defined as the untimely and unexpected death of a person due to the negligent (or, less commonly, intentional) actions of another party. It is an issue that can come up in cases involving medical malpractice, motor vehicle accidents, premises liability claims, workplace accidents, or any other type of fatal personal injury. A person can also be wrongfully killed in instances involving intentional violence, such as in the case of murder.
Who can sue for wrongful death?
In California, immediate family members, including spouses, children, stepchildren, and parents, are entitled to appoint a personal representative to their loved one’s estate and bring a wrongful death claim against the person or persons responsible for their loved one’s passing. It is recommended that families contact our wrongful death lawyers as soon as possible to expedite the legal process and ensure a positive outcome.
What kind of damages can be collected in a wrongful death case?
Damages are calculated based on several factors:
- The deceased’s wages at the time of death
- The future earning potential of the deceased
- The health, life expectancy, and age of the deceased before death
- The losses of insurance benefits, wages or salary, love, companionship, comfort, and support that surviving family members face
Our Lancaster wrongful death lawyers serving residents in Palmdale, Santa Clarita, and surrounding areas understand that this is a difficult time for you and your family. Through hard work and dedication, we can help you obtain the monetary compensation you deserve.
What is the statute of limitations for filing a wrongful death claim in California?
Surviving relatives must file a wrongful death claim within one year of their loved one’s death. If the death was caused by medical malpractice or exposure to asbestos, the statute of limitations for filing a wrongful death claim may be extended as necessary.
Although we know that this is an emotionally trying time for your family to go through, it is important to pursue legal action in a timely manner. It is beneficial for surviving parties to contact our team of wrongful death lawyers soon after the death occurs so that we can bring the full force of the law against those responsible.