The loss of a loved one leaves a gapping void with many questions unanswered? It is like a breaking a chain holding families and loved ones together that can gravely affect the lives of those they left behind. It can also demand a heavy financial burden forcing wrongful death heirs to drown in debt and bills without having financial resources from the ones the lost.
Who has a Right to Bring a Wrongful Death Lawsuit?
If someone else’s negligence causes or contributes to a fatal accident, the surviving heirs and estate of the deceased person may seek compensation. These cases fall into two categories—wrongful death and survival action.
Under wrongful death, the heirs may recover damages on their own behalf for the loss they have sustained from the bodily injury victim’s death. The heirs that can recover for wrongful death include:
- surviving spouse
- domestic partner
- children and grandchildren
- putative spouse and their children
- Anyone who the law might entitle to property via succession like parents or siblings
- children who lived with decedent for the previous 180 days and depended upon them for financial support
In addition, a separate type of action called a “survival” action can be brought by only the estate of the decedent for the same fatal loss.
When Do I Need To Bring A Claim?
The right to assert a claim begins to run on the date of death. In most scenarios under California law, a wrongful death action or survival action must occur within two years of the date of loss. However, there are exceptions. For example, if the death is caused by a government entity, the heirs and estate have only 6 months from the date of loss to assert a claim.
What are the Available Damages?
Damages available for wrongful death and survival actions are distinctly different. In wrongful death claims, compensation is for what the family lost such as loss of income and support, losing the deceased person’s companionship, and medical and funeral expenses. In contrast, a survival action is for damages for the deceased as if they survived the incident, such as for pre-incident pain and suffering. Recoverable damages fall into separate categories and do not overlap:
|
Wrongful Death Action |
Survival Action |
|
|
|
|
|
|
|
|
|
|
If you have suffered a loss of a loved one and need help, Contact Us to see what can be done. Being alone is hard enough. Having a lawyer to stand by your side and guide you through the process will help alleviate some of the burden and allow for the grieving process. Nobody should have to do this by themselves.