Wrongful Death FAQs
What kind of damages can I expect to receive in a wrongful death case?
Is the amount of damages automatically made public?
What is the statute of limitations in a wrongful death case?
Who can file a claim for wrongful death?
Are there special rules for damages in a wrongful death case resulting
from medical malpractice?
In what county do I file a claim?
What kind of damages can I expect to receive in a wrongful death case?
Wrongful death claims can recover both economic and non-economic damages.
Economic damages include loss of financial support, funeral and burial expenses,
medical bills, loss of other household support or services that the deceased
provided. Non-economic damages include loss of companionship, affection, and
care.
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Is the amount of damages automatically made public?
Not necessarily; either you or the party you are suing, or both, may
request confidentiality. You should, however, speak with your attorney you
before you sign any type of confidentiality agreement.
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What is the statute of limitations in a wrongful death case?
In California, the statute of limitations varies depending upon the
circumstances of the case. In many cases, the statute of limitations is two
years from the time of death - but if medical malpractice was to blame, the
statute of limitations may be as little as one year. If the liable party is a
government entity, a government tort claim has to be filed first - and that must
be filed within 180 days. If the victim was a minor or mentally handicapped
person, the statute of limitations may be extended. Since the time period in
which you can file a claim does vary so much, you are well-advised to
contact a wrongful death
attorney immediately.
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Who can file a claim for wrongful death?
California law allows the following people to file a
wrongful death claim:
the spouse or domestic partner of the deceased, children, and children of
pre-deceased children. Stepchildren or stepparents may also be eligible, and any
minor who lived with the deceased for the past six months and was financially
dependent upon the deceased may also file a claim.
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Are there special rules for damages in a wrongful death case resulting from medical malpractice?
Yes; non-economic damages are capped at $250,000. There are also special
laws about notifying the medical provider before initiating a claim, so it's
important to seek representation from an attorney with experience handling
wrongful death claims involving medical malpractice.
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In what county do I file a claim?
California law mandates that a wrongful death claim must be filed in the
location where the defendant lives - or in the county where the injury occurred.
If the claim is being filed against a government entity, the claim may need to
be filed in the county of that particular entity.
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