Wrongful Death FAQ
At Sky Law Group, we understand that navigating a wrongful death claim can be overwhelming. Below are answers to the most common questions our Orange County clients ask. If you need personalized guidance, call us at (714) 554-4411 for a free consultation.
What qualifies as a wrongful death case in California?
A wrongful death claim arises when a person dies due to another party’s negligence, recklessness, or intentional act. Common scenarios include fatal car, truck, or motorcycle accidents, medical malpractice, workplace accidents, defective products, and criminal acts. The death must have been caused by conduct that would have entitled the deceased to file a personal injury lawsuit had they survived.
Who can file a wrongful death lawsuit in California?
Under California Code of Civil Procedure Section 377.60, the following may file: the surviving spouse or domestic partner, surviving children, and if none exist, anyone entitled to the property under intestate succession. In some cases, putative spouses, children of the putative spouse, and stepchildren who were financially dependent on the deceased may also have standing to file.
What damages are available in a wrongful death claim?
Surviving family members may recover: loss of the deceased’s expected income and financial support, loss of love, companionship, moral support and guidance, funeral and burial expenses, the reasonable value of household services the deceased would have provided, and loss of inheritance. Each eligible family member may have their own claim for damages they personally suffered.
Is there a separate survival action?
Yes. A survival action is separate from a wrongful death claim and is brought on behalf of the deceased’s estate. It recovers damages the deceased suffered between the time of injury and death, including their pain and suffering, medical expenses, and lost wages during that period. The estate’s personal representative files this claim alongside the wrongful death action.
What is the statute of limitations for wrongful death in California?
You generally have two years from the date of death to file a wrongful death lawsuit. If the death was caused by a government entity, you must file an administrative claim within six months. For medical malpractice cases, special rules may apply. Given the complexity and emotional difficulty of these cases, it is important to consult with an attorney promptly to protect your rights.
Can I file a wrongful death claim if there is also a criminal case?
Yes, wrongful death is a civil claim that is entirely separate from any criminal prosecution. The civil case has a lower burden of proof (preponderance of evidence vs. beyond a reasonable doubt). You can pursue a wrongful death claim regardless of whether criminal charges are filed, and even if the defendant is acquitted in criminal court.
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