March 05, 2021

Wrongful Death: How is it Defined?

What Is a Wrongful Death? 

A wrongful death is one that was caused by the negligence of another party. 

How Do You File for Wrongful Death? 

Before you can file a wrongful death claim, you must be one of the following: 

  • The spouse of the deceased person.
  • The domestic partner of the deceased person.
  • The children of the deceased person.

If none of the above is available, parents, siblings, or those entitled to inherit the decedent’s property may file the lawsuit. 

In addition to the family members listed above, the deceased person’s putative spouse, stepchildren, and parents may file if they were financially dependent upon the decedent. 

It is important to include everyone in one lawsuit because, in California, the law only allows a group of people to file one lawsuit against the negligent party. This is so that the negligent party will not face several lawsuits. 

What Damages Are Available in a Wrongful Death Lawsuit? 

The decedent’s estate can usually receive the income the decedent would have earned over his or her lifetime, the medical bills from the final injury, and the funeral and burial expenses. 

Family members may be able to obtain a sum of money for the loss of their loved one, the loss of financial support, and an amount of money for household expenses. 

There is a statute of limitations for filing wrongful death claims, so you must speak with a wrongful death attorney Irvine before this deadline passes. In California, you must file the claim within two years of the death, but if you fail to hire an Irvine wrongful death attorney in that time, you will lose your right to do so forever. 

If someone is responsible for your loved one’s death, make sure to hold this person accountable by contacting us at the Brockmeier Law Group. Our experienced and talented wrongful death lawyer Irvine will make sure that you don’t have to suffer this terrible loss without compensation.