California Wrongful Death Attorneys
Recovering from the loss of a loved one not only involves mourning their passing but also recovering from the stress and financial difficulties of handling their affairs in many cases. In instances involving the sudden and/or untimely death of a family member, it can be incredibly difficult to come to terms with the loss. Losing a loved one as a result of another party's negligence or wrongdoing is unacceptable. The Law Offices of William C. Bibb understands the extreme emotional and financial toll that our clients are facing in these types of cases, and strive to lift their burdens wherever possible
Statute of Limitations
Wrongful death is covered under the California Code of Civil Procedure section 335.1, which stipulates that plaintiffs have two years from the date of the injury or death in question to pursue claims. The statute of limitations for pursuing wrongful death claims can also vary under a number of circumstances. Consequently, it is always advisable for you to consult with an experienced wrongful death attorney as early as possible to ensure that maintaining your legal right to move forward with your case.
Filing a Wrongful Death Claim
Legally, only a select group of individuals linked to the victim are eligible to file wrongful death claims. This group includes the victim's surviving spouse, surviving children, surviving grandchildren, or surviving domestic partner. If this group of claimants does not exist, then the victim's surviving parents or siblings may be eligible to pursue claims. Depending on the circumstances of the case, other groups of wrongful death claimants may be identified as well. In the unfortunate event that you have lost a loved one to the negligence and/or wrongdoing of another party, always consult with an experienced attorney to determine your eligibility to pursue wrongful death claims.
Recoverable Damages in a California Wrongful Death Claim
Wrongful death damages differ from those that are typically recovered in personal injury lawsuits. For one thing, wrongful death damages are paid to the victim's loved one(s) or general estate pursuing the case. Another key difference in wrongful death damages in that the loss of comfort, companionship, love, affection, society, solace, moral support, and loss of consortium are all potentially recoverable. The value of the services that the decedent would have provided to the household is recoverable as well. Damages may also be recovered for the value of the financial support that the decedent would have provided to the claimant.
The negligent party in an wrongful death lawsuit can be held liable for funeral and burial expenses. Beyond that, filing a “survival action” can make it possible to recover damages for the victim's medical and/or hospital bills. It is also important to keep in mind that the nature of the victim's injuries and death can help to determine the types of damages to pursue. For instance, it may be appropriate to seek pain and suffering damages if elder abuse was ever a factor in the case. We here at the Law Offices of William C. Bibb are committed to educating clients about their legal rights and options in wrongful death cases.