As a California resident, understanding how to navigate wrongful death cases that occur outside of California can be a complex and overwhelming process. Losing a loved one is always a difficult and painful experience, but it can be even more complicated when it involves a wrongful death. When a California resident dies outside of California, it can raise a number of questions for the surviving family members. In this blog, we will explore some of the key considerations related to wrongful death.
What is the Wrongful Death of a California Resident?
Before delving into the specifics of a wrongful death of a California resident outside of California, it is important to understand what is meant by the term “wrongful death”. Essentially, a wrongful death occurs when a person dies due to the wrongful act or negligence of another party. This can include situations such as car accidents, medical malpractice, or intentional harm.
The surviving family members of the deceased person are typically filing Wrongful death claims. They may receive compensation for their losses. These losses can include not only economic damages but also emotional pain and suffering.
Jurisdictional Issues in the Wrongful Death of California Resident
One of the key challenges in a wrongful death case involving a California resident is determining which jurisdiction has the authority to hear the case. In general, the law of the state where the injury occurred will govern a wrongful death claim. However, there may be situations where multiple states have a connection to the case. For example, when the deceased person was a California resident but died in another state.
In California, the law allows for wrongful death claims to be brought in the state even if the death occurred outside of California. Only if the deceased person was a California resident at the time of their death. This means that if a California resident dies in another state due to someone else’s negligence or wrongdoing, their surviving family members may be able to file a wrongful death claim in California courts.
Statute of Limitations for Wrongful Death Claims
Another important consideration in a wrongful death case is the statute of limitations for filing a claim. In California, the statute of limitations for wrongful death claims is two years from the date of the person’s death. However, this may be different in other states where the injury occurred.
It is important for family members to be aware of the applicable statute of limitations in their case. Also, to take prompt action to file a claim if they decide to pursue legal action. Waiting too long to file a claim can result in the claim being barred by the statute of limitations. This means that the family members would not be able to recover any compensation for their losses.
Recovering Damages in a Wrongful Death Case
If a family member of a California resident who died outside of California decides to pursue a wrongful death claim, they may be able to recover damages for their losses. The types of damages that may be available in a wrongful death case can vary depending on the specific circumstances of the case and the state where the injury occurred.
In California, family members may be able to recover both economic and non-economic damages in a wrongful death case. Economic damages can include things like funeral expenses, medical bills, and lost income. As well as, support that the deceased person would have provided to their family members. Non-economic damages compensate family members for the emotional pain and suffering caused by the loss.
Working with an Attorney in a Wrongful Death Case
Navigating the legal complexities of a wrongful death case can be challenging. Especially when it involves a California resident who died outside of California. For this reason, it is important for family members to work with an experienced attorney who can help guide them through the process.
An attorney can help family members understand the legal options available to them, and gather evidence to support their claim. As well as, negotiate with insurance companies or other parties involved in the case. They can also help you meet all the necessary deadlines. Lastly, the family’s rights are protected throughout the legal process.
When selecting an attorney to represent them in a wrongful death case, family members should look for someone who has experience handling cases similar to theirs. Also, someone who has a track record of success in obtaining fair compensation for their clients. They should choose an attorney who is compassionate and understanding, as they will be dealing with sensitive and emotional issues related to the loss of their loved one.
Contact Attorney Today
Losing a loved one is never easy, but it can be especially difficult when it involves a wrongful death. Family members of a California resident who dies outside of the state due to someone else’s negligence or wrongdoing may be able to file a wrongful death claim in California courts and recover compensation for their losses.
Give us a call at 310.943.1171 or visit our website for other practices.