The death of any loved one is a tragedy, but there is another level of complication when someone else’s negligence causes this death. California’s wrongful death law allows families to get the justice they need through strong legal action and representation. We will show what specifically constitutes a wrongful death, the potential payout, and the likelihood of success in a wrongful death case.
Wrongful death is when a person dies due to the legal fault of another person or entity. This may occur in various areas, such as car accidents, medical malpractice, workplace deaths, crime, and defective products. The California wrongful death statute is codified in the California Code of Civil Procedure, Section 377.60
Eligible Claimants: Under California law, specific individuals are entitled to file a wrongful death claim:
The duration of a wrongful death lawsuit in California can vary significantly. It is usually based on several factors, including the case’s complexity, the number of parties involved, and court schedules. These cases can take anywhere from several months to several years to resolve. Here’s a general timeline:
Wrongful death lawsuits in California vary greatly in how long they take. Some cases are more complex than others; some have more than just two parties, and some are in courts that have a backlog and scheduling issues. The average case can take anywhere from months to years to resolve, below is a rough timeline of wrongful death suits
When leading your wrongful death lawsuit, we aim to get you adequate compensation for your economic and noneconomic damages. These include:
In California, wrongful death cases do not have a cap for economic or noneconomic damages. The only exception is for medical malpractice, where noneconomic is capped at $250,000
The success can vary depending on a mix of factors. This can include the amount and strength of evidence, your legal representation, and other details regarding your case. However, there are certain factors that can increase your chance of success:
While there can’t be an exact prediction of chances of success, there are factors and details that typically will give you a favorable outcome. Whether through settlement or a court verdict, we at KAASS Law will work tirelessly to get you the justice you deserve.
Wrongful death lawsuits in California can be complicated and overwhelming. It only makes it worse when, on top of these nuances, you are grieving the loss of a loved one. Understanding the general legal framework will help you get the justice and compensation you deserve.
If you believe you may have a wrongful death claim, call us at 844.522.7752 to schedule a free consultation and discuss the potential of your case. We will do all we can to help ease your family’s financial burdens and hold the responsible parties accountable.
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