Defining WrongFul Death
A wrongful death occurs when a person dies due to the legal fault of another individual or entity. In California, a wrongful death is defined as:
“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.”
This can include negligence, recklessness, or intentional misconduct. Wrongful death claims are designed to hold the responsible parties accountable and provide financial compensation to the deceased’s family for their losses.
Who Can File a Wrongful Death Claim?
In California, the following individuals are typically eligible to file a wrongful death claim:
- The deceased person’s spouse or domestic partner
- The deceased person’s children
- If there is no spouse, domestic partner, or children, anyone entitled to the deceased’s property such as parents or siblings
When Can I File a Wrongful Death Claim?
Based on California’s statue of limitations, in the San Francisco Bay Area, a wrongful death claim must be filed within two years of the death of the wrongful death victim. 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.
Types of Compensation in Wrongful Death Claims
Compensation in wrongful death claims can cover both economic and non-economic damages, including:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Loss of the deceased’s expected earnings
- Loss of benefits (such as pension plans or health insurance)
- Loss of companionship, care, and protection
- Mental and emotional suffering of the survivors
Expert Legal Representation
Our San Francisco wrongful death attorneys have extensive experience and a compassionate approach to handling these sensitive cases. We are dedicated to providing personalized legal services and tenacious representation to ensure you receive the compensation and justice you deserve.
Contact Us for a Free Consultation
If you have lose a loved one due to someone else’s negligence or misconduct in the San Francisco Bay Area, please contact Anna Dubrovsky Law Group at (415) 746-1477 or (800) 440-6313, or email us using the contact form. We are committed to aggressively pursuing your case and securing the justice you deserve.
