Wrongful Death | Claimants
Wrongful death claims may be asserted by any of the following:
The decedent’s surviving:
- Spouse;
- Domestic Partner;
- Children; and or
- Issue of the deceased children.
See Cal. Code of Civil Procedure sect. 377.60.
Wrongful Death | Statute of Limitations
A surviving spouse, domestic partner, or surviving child must file a claim within the statute of limitations.
In California, the general statute of limitation for all personal injuries, including death, is 2-years but a reduced time limit of 6-months applies if the death (or injury) claim is against a government or public entity. Learn More.
Wrongful Death | Damages
Recoverable wrongful death damages differ depending on whether the claim involves the death of an adult or minor child. For a wrongful death claim pertaining to the death of an adult or a minor child, both include the following economic and non-economic damages.
Economic Damages for either the death of an adult or minor child include but are not limited to funeral and burial expenses, and the loss of the financial support that the decedent would have provided to the family’s well being. Learn More
Example Scenario 1: Bill, 42, dies in a Polaris, product liability roll-over incident. He was married and had 2-minor children. He was a construction foreman earning $100,000 a year. His work life expectancy was 60 meaning it would have been expected that he work another 18-years until he was 60-years old. The family’s claim for lost financial support would be an initial $1.8M [18 x $100k].
Non-Economic Damages for either the death of an adult or minor child include the loss of care, comfort, society, love, affection and companionship. Learn More
Wrongful Death | Elements
Wrongful death actions typically arise out of personal injury negligence. Negligence is the failure to use reasonable care to prevent harm, or in this case death, to others. Wrongful death, negligence causes of action commonly arise out of car accidents, product liability injury producing events, aviation accidents, and government claims resulting in death.
Ordaz Law, APC | wrongful death attorney
Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a wrongful death attorney in San Diego County. We help families suffering through these unjust tragedies; we believe that it is necessary to represent people who have sustained these ultimate losses.
Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego wrongful death attorney.
We are for Justice no Matter Who it’s for or Against.
Learn More:
What is the Statute of Limitations for a Personal Injury Action?
What Should You Expect from Your Personal Injury Attorney?
What Should You Expect from Your Injury Lawsuit?
Will My Personal Injury Case Go To Trial or Be Settled?
Wrongful Death | Elements of a Wrongful Death Action
Blog: Personal Injury
Wrongful Death Damages | Personal Injury
Sources and Useful Links:
Cal. Code of Civil Procedure sect. 335.1.
CACI | 3921. Wrongful Death (Death of an Adult) (2017)
CACI | 3922. Wrongful Death (Parents’ Recovery for Death of a Minor Child) (2017)