Although death is an inevitable part of every human beings existence, a death caused by the wrongful conduct of another has a separate foothold in our justice system. Here we will discuss some of the basics with respect to “wrongful death” claims under California law.
If your loved one has been a victim of “wrongful death” please contact our office and speak to one of our experienced San Diego Wrongful Death Lawyers to assist you with your rights. We understand that this is a difficult time, however our team is here to assist you obtain the compensation you deserve.
In California where a decedent’s death has been caused by third-party misconduct, there may lay a cause of action for damages. Under California’s wrongful death statute CCP §377.60 et seq., the decedent’s heirs may bring a cause of action against the wrongdoer for damages they personally suffered on account of the wrongdoers “wrongful act or neglect.”
Persons entitled to recover damages may include but are not limited to:
1. Decedent’s surviving spouse, registered domestic partner, children and issue of deceased children;
2. Decedent’s parents;
3. Decedent’s children;
4. Stepchildren and children of a putative spouse are eligible wrongful death claimants if they were dependent on the decedent.
Wrongful death claims are subject to a two-year statute of limitations under CCP §335.1. This accrual of the statute of limitations begins from the date of the victim’s death.
As a general rule, each wrongful death claimant is entitled to damages for all detriment he or she personally suffered-to date of trial and in the future-because of decedent’s death. The measure of damages is the value of the benefits the heirs could reasonably expect to receive from the deceased if he or she had lived. Funeral expenses are also generally recoverable.
Wrongful death claims require much time, attention, investigation and skill. At the Rejali Law Firm, our firms motto is to protect our clients rights no matter what it takes, which includes hard work, honesty, and passion. Our San Diego Wrongful Death Lawyer, Omid Rejali is a skilled and fierce litigator and will make sure you receive the compensation you deserve. This includes taking your case to trial if he believes your are not being fairly compensated for your loss.
If your loved one has been a victim of “wrongful death” caused by the wrongful act or neglect of another, either it be from a car accident, malfunctioned product, or any other scenario contact us. Our initial consultations are always free and there is no fee to you unless there is a recovery.