Wrongful Death Attorneys in California
Boucher LLP is committed to securing justice for those who have lost a loved one due to defective products, toxic chemicals, or the careless or reckless acts of others. Surviving family members have legal rights when a loved one dies due to another party’s actions. Speak with our California wrongful death lawyers to learn more.
Family members who have lost a loved one can struggle daily to go on without the person’s love, care, and financial support. After a serious accident or personal injury, people’s lives can be changed forever. While we know that we cannot undo the harm, we are dedicated to holding negligent or reckless parties responsible and aim to prevent future injuries and losses. By paying a heavy price, wrongdoers will be motivated to change their behaviors, improve their faulty products, or address their practices.
What Constitutes a Wrongful Death in California?
A wrongful death is when someone dies due to another party’s wrongful act. Certain surviving family members have the right to file a lawsuit against the parties responsible for their loved one’s death under California wrongful death laws.
A wrongful death lawsuit is a civil lawsuit for financial compensation. If the state files criminal charges against the defendant, it does not mean you cannot proceed with a civil lawsuit. Civil lawsuits involve only money, not criminal records or a loss of freedom.
What Damages Are Available in a Wrongful Death Case?
Available damages can vary depending on who is filing the lawsuit. Your individual losses may not be the same as someone else’s. Wrongful death lawyers in California will review your case and discuss the available damages. In general, you may be able to recover:
- Funeral and burial expenses;
- Compensation for the loss of income and benefits the decedent would have earned if not for their untimely death;
- Compensation for the loss of intangible support, i.e., love and affection, guidance, and moral support; and
- Compensation for the loss of household services, including landscaping, cleaning, childcare, and everyday tasks.
Some of these damages depend on who passed away, which is why your available damages might differ from another party’s. Some damages are not recoverable because they should be pursued under a different legal action known as a survival action. Wrongful death lawsuits focus on the losses of surviving family members, whereas a survival action focuses on the losses the decedent suffered before their death.
Who Can File a Wrongful Death Claim in California?
Only certain family members have the legal right to file these lawsuits in California:
- The surviving spouse;
- The surviving domestic partner or putative spouse; or
- The decedent’s surviving children and grandchildren.
The right to file becomes a bit more complicated if the decedent did not have a surviving spouse, a domestic partner, children, or grandchildren. Under California probate laws, someone with the right to inherit the decedent’s assets can file a lawsuit. Examples include parents and siblings. It depends on who survives the decedent.
Statute of Limitations for California Wrongful Death Claims
In most cases, you only have two years from the date of death to bring a lawsuit. However, this deadline is not always absolute. Various circumstances can alter the filing deadline. That means you might have less than two years. Missing the deadline means the court will dismiss your case, and you will not receive compensation. It does not matter how strong your family’s case is or whether you are already negotiating with the defendant’s insurance. Don’t inadvertently risk your case—speak with our lawyers immediately.
How California Wrongful Death Lawyers Can Help?
Our committed advocates routinely take on large institutions, including manufacturers of automobiles, defective medical devices and other products to relentlessly seek fair and maximum compensation for our clients.
We will thoroughly investigate and preserve all evidence related to your case. If anyone witnessed the accident that caused your loved one’s death, we will also speak with them. It’s crucial to collect evidence that supports the defendant’s liability. Otherwise, your family will likely be unable to receive the compensation they deserve. Your California wrongful death attorneys will also handle all communication and negotiations with the defendant’s insurance company and legal team.
Should the defendant be unwilling to negotiate a fair settlement, we will proceed to file a lawsuit on your family’s behalf. We ensure that there are no missed deadlines, and your case will proceed as intended. We aren’t afraid to take your case to trial, either. Unlike some other law firms, we won’t try to settle just to resolve your case and move on to the next one. We understand how devastating it is to lose a family member. Those responsible for your loved one’s death should be held accountable.
Related Practice Specialties.
- Defective Medical Device & Pharmaceutical Injuries
- Clothing Burn Cases
- Complex Litigation
- Mass Tort
- Product Liability & Auto Defects
- Toxic Exposure
Free Case Evaluation
Our California wrongful death attorneys are here to listen to you and determine what we can do to win justice on your behalf. If you’ve lost a loved one due to another party’s actions, you may be entitled to compensation. Contact our personal injury lawyers today for your free case evaluation.