Wrongful Death Claims

The death of a loved one, regardless of the cause leaves family members devastated and broken.  The emotional trauma of loss is often compounded by financial struggles when the victim was a mainstay of financial support in the family.  Accordingly, if your loved one has been lost due to the negligence of another, you may have a wrongful death case and should consult an attorney at Salek Law Firm immediately because our legal professionals have the experience and professionalism to handle such catastrophic and sensitive matters.

Wrongful death claims are governed by statute pursuant to California Code of Civil Procedure section 377.60 et seq.  This statutory scheme governs who can commence a wrongful death action, and under what circumstances.

As a rule,  a wrongful death claim may be filed by any of the following persons, or by the personal representative of the decedent on behalf of any of the following persons: the surviving spouse of the decedent; the domestic partner of the decedent; the children of the decedent; the putative spouse (the surviving spouse of a void or voidable marriage, who is found by the court to have believed the marriage was valid) of the decedent; a minor who resided in the decedent’s household for 180 days prior to the death of the decedent, and was dependent on the decedent for at least half of their support; the domestic partner of the decedent, if that partnership is registered; the grandchildren of the decedent, if their parent (the child of the decedent) is no longer alive; or, the deceased’s parents, if they were dependent on the deceased for support.

California law regarding wrongful death is complicated, and obtaining the full scope of damages requires expertise and experience in this area of law.  In general, a wrongful death claimant can seek damages for the monetary value attributed to household services performed by the decedent; the loss of anticipated financial support from the decedent; the loss of guidance from the decedent; the loss of support from the decedent; the loss of affection and attention from the decedent; the loss of companionship from the decedent; and, the loss of protection from the decedent.

There are many factors that impact the award of damages such as the life expectancy of the decedent, the future anticipated income of the decedent, and the relationship of the decedent to the survivors that bring the lawsuit, among others.

In addition to the compensatory damages described above, a jury may award punitive damages (damages intended to punish the defendant and deter similar future acts) if the act of the defendant was reckless, intentional or grossly negligent.

Given the complexity of this area of law, it is critical to work with an aggressive and experienced attorney that will be able to evaluate and prosecute your case quickly and effectively with the best chance of prevailing on your claim.