Losing a loved one can be overwhelming. When your loved one’s death happens unexpectedly as a result of the negligent or intentional actions of someone else, it can be even more devastating. Under California law, certain family members of people who are wrongfully killed are entitled to recover damages through wrongful death lawsuits. An experienced wrongful death accident lawyer Palo Alto at the San Jose Personal Injury Attorneys understands the overwhelming grief and losses that people who lose loved ones because of the actions of others experience. We are dedicated to fighting for the rights of our clients to be fully compensated for all of the losses that they have suffered because of their loved ones’ deaths.
What is wrongful death?
A wrongful death occurs when someone is killed because of the wrongful or negligent actions of other people or entities. Under Cal. Civ. Code § 377.60, California recognizes the rights of people who have specific family relationships with people who are wrongfully killed to recover damages for their losses. The state law allows the following people to file wrongful death claims:
- Surviving spouse, children, domestic partner, grandchildren of deceased children, or the people who would receive the proceeds of the estate by intestate succession if no surviving children remain
- Putative spouse, children of the putative spouse, stepchildren, or parents who were dependent on the decedent
- Dependent minors who lived in the home with the decedent for 180 or more days before the death and received one-half or more of their support from the decedent
Filing a lawsuit allows people with these types of relationships with the decedents to recover damages so that they can be compensated for their economic and noneconomic losses.