According to the California Code of Civil Procedure (CCP) §377.60, the decedent’s spouse, domestic partner, children, and parents can file a wrongful death lawsuit. Any one of these parties or all of them together can sue in a wrongful death claim in Los Angeles. All these family members have rights that enable them to claim compensation and losses related to a loved one’s death.
In certain other circumstances, a representative of the deceased’s estate can bring forth legal action in a wrongful death lawsuit, even if they fall outside of these criteria. This will be the case if someone leaves an aunt, friend, or legal representative in charge of their estate. It is possible for this individual to file a wrongful death claim on the deceased’s behalf.
California’s Statute of Limitations
Every state’s statute of limitations establishes a period in which you can file a legal action against other people, companies, or entities that hurt you. If you try to file legal action after the statute of limitations expires, you likely will not be able to sue anyone, as you have run out of time to start the legal process. There are no different statutes of limitations in place that apply to different family members that may want to start the process.
According to the CCP §335.1, the statute of limitations for wrongful death cases in California is two years from the date of the injury or accident. Even though loved ones may have a lot to do after the victim’s death, such as planning funeral arrangements and finding new sources of income to replace what the deceased contributed to the family, the statute of limitations applies and often goes by faster than many families realize. By the time they think about filing legal action, the time available to pursue legal action might be almost over.
Seeking Compensation
To seek compensation for your expenses, you can file a lawsuit against the person responsible for your loved one’s death. The lawsuit includes claims for specific types of compensation based on your expenses.
There are two types of damages that your lawsuit might involve, economic and noneconomic. Pain and suffering compensation involves non-economic damages, and it is awarded in cases where victims were mentally and/or emotionally impacted by an event.
They are special because they are not always awarded, and they have the potential to significantly increase the compensation you receive. Compensation for pain and suffering is calculated by combining the other types of compensation you receive and multiplying the total several times, depending on how the judge views your case. An attorney can help you figure out the compensation you can ask for in this area.
In a wrongful death case, you can also sue for final expenses. These include the cost of a funeral and burial and the cost of handling any last important business items. For example, many victims’ families sue for compensation for funeral costs and legal fees for closing your loved one’s financial obligations.
You might also be able to collect compensation for lost income. Not having two people earning for the family can impact its financial future. The surviving spouse of the decedent can claim lost income so that they can maintain their quality of life.
The expenses you can sue for depend on the circumstances. However, your lawyer can make a case for just about any expense related to your loved one’s death. Try to identify as many damages as possible so that you can request as much compensation as you need to cover your expenses.
Your Legal Options for Recourse
If your loved one died because of someone else’s actions, you could file a lawsuit against the person responsible. Doing so could let you collect financial compensation so that you can handle your expenses. Since someone created those expenses through no fault of your own, you do not have to struggle with them alone. You can hold that party accountable so that they pay for your losses.
Contact Us Today
If your loved one died due to an act of negligence or wrongful actions, you could sue in a wrongful death claim in Los Angeles. Contact Pintas & Mullins Law Firm at (800) 223-5115 to speak with a member of our team about your wrongful death case. It is possible that you could sue one or more parties to hold them accountable for what happened to your loved one. There is no charge associated with the consultation, so you can have your questions answered without worrying about paying any legal fees.