Defining Wrongful Death in California
In the event that you or a loved one dies at unnatural causes, to the blame of another responsible party, it may be considered a wrongful death. Wrongful death is defined as:
“denoting a civil action in which damages are sought against a party for causing a death, typically when criminal action has failed or is not attempted.”
Wrongful death is a devastating and confusing time for loved ones. Any loss, especially ones so sudden, can stir up a lot of stress. It may cross over into work and social life, as well as causing turmoil within families.
Wrongful death claims can be a confusing experience for families. On one hand, no amount of money can make up for the loss of their loved one, and on the other hand, they want justice for their family. While wrongful death claims are not meant to, in any way, redress a loss, they are meant to assist a family in any financial burdens that follow a death.
Who Can File a Wrongful Death Claim
While many people may suffer from the death of a wrongful death victim, there are parameters around who many bring a claim to court. The more obvious persons that are entitled to file a wrongful death claim are a person’s surviving spouse, children or domestic partner. If there are no living dependent’s of a victim, then siblings or parents of the deceased may also file a claim. In some cases, if they are able to prove financial dependency, a putative spouse or putative children, or stepchildren, may file a claim.
San Francisco Wrongful Death Attorney
If you have questions about a wrongful death case, please do not hesitate to call the office of Anna Dubrovsky. She will personally take on your case and will walk you through the process every step of the way. While you and your loved ones cope with the overwhelming loss of a loved one due to wrongful death, Anna Dubrovsky will fight for the justice you and your family deserve.
To find out more about how we can help you, contact us today by calling (415) 746-1477 or (800) 440-6313 or by emailing us using the contact form.
When Can I File a Wrongful Death Claim?
In the San Francisco Bay Area, a wrongful death claim must be filed within two years of the death of the wrongful death victim. This is stated in California’s statute of limitations. If the claim is not brought to a California state civil court within that time period, then the right to file a wrongful death claim may be lost.
What Types of Compensation May Be Due for a Wrongful Death Claim?
Again, a wrongful death claim is not meant to recover the loss of a loved one. We understand that no amount of money in the entire world could cover the cost of a family member or friend. However, there are some expenses that come with death that a wrongful death claim may help ease.
Some examples are, but not limited to:
- Funeral Costs – Funeral and burial services can get costly. A wrongful death claim may be able to recover the financial costs of a funeral and burial costs.
- Medical Expenses – If the wrongful death you are dealing with was a result of prior medical treatment, you may be able to be compensated for the medical expenses incurred. Even if the death was not due to medical negligence, but final medical treatment was needed (whether for illness, injury or simply to help avoid death), you may be able to be compensated for those costs as well.
- Lost Income – The anticipated income that a person was expected to receive in their lifetime may be recovered. Particularly in the case of dependents, securing a future for themselves and their family will be an important part of their wrongful death case.
- Emotional and Mental Damages – In the case of wrongful death, we know that more than financial support is lost. Any loss, especially one so sudden, can have a great impact on the mental and emotional health of everyone involved. Wrongful death claims often file for rewards such as pain and suffering, the loss of companionship, guidance, moral support, community, affection and more.