If a family member died because of someone else's negligence or reckless behavior, you may be entitled to bring a wrongful death claim on behalf of your family. Wrongful death cases arise from car accidents, truck accidents, workplace accidents, medical malpractice, defective products, and other situations where a death was preventable. Mendez & Sanchez APC has handled wrongful death cases resulting in millions of dollars recovered for grieving families. Consultations are free and completely confidential.
Who Can File a Wrongful Death Claim?
California and Nevada have specific rules about who can bring a wrongful death lawsuit:
In California, the following people can file a wrongful death claim: the deceased's spouse or domestic partner, children, grandchildren (if the children are also deceased), and anyone else who was financially dependent on the deceased, including putative spouses and stepchildren.
In Nevada, a wrongful death claim is typically filed by the personal representative of the estate on behalf of surviving heirs, including the spouse, children, and others who depended on the deceased for financial support.
What Damages Can Be Recovered in a Wrongful Death Case?
Wrongful death compensation is divided into two categories:
Economic damages are the financial losses caused by the death:
- Funeral and burial expenses
- Medical bills from the injury or illness that led to the death
- The income the deceased would have earned over their lifetime
- The financial support, household services, and gifts the deceased would have provided to their family
Non-economic damages compensate for losses that do not have a direct dollar value:
- Loss of companionship, comfort, and society
- Loss of the care, guidance, and affection the deceased would have given their children
- Grief and emotional distress suffered by surviving family members
Survival Claims: The Deceased Person's Own Damages
California also allows what is called a survival action, filed by the estate of the deceased. This claim recovers the damages the person suffered between the time of the incident and their death: medical expenses during that period, lost wages, and the physical pain and suffering they experienced before dying. A survival action and a wrongful death claim can be pursued at the same time.
Common Causes of Wrongful Death Cases We Handle
- Car accidents caused by negligent or impaired drivers
- Commercial truck accidents
- Workplace accidents and construction site fatalities
- Medical malpractice and surgical errors
- Defective products and dangerous equipment
- Slip and fall accidents resulting in fatal injuries
- Drowning accidents and premises liability
How Long Do You Have to File a Wrongful Death Claim?
In California, the statute of limitations for a wrongful death claim is 2 years from the date of death (Code of Civil Procedure section 335.1). Nevada also allows 2 years. If a government entity was responsible for the death, California requires an administrative claim within 6 months before you can sue. These deadlines are strict. Contact an attorney as soon as you are able after losing a family member.
What Is the Difference Between a Wrongful Death Claim and a Criminal Case?
A wrongful death claim is a civil lawsuit filed by the family to recover financial compensation. A criminal case is brought by the government and can result in prison time for the responsible person. The two are independent: a person can be found not guilty in criminal court and still be found liable in a civil wrongful death case because the standards of proof are different. The civil standard is a "preponderance of the evidence," meaning more likely than not, while the criminal standard is "beyond a reasonable doubt."
