GavelLawFirm's blog

The loss of a loved one is emotionally devastating under any circumstances. But when a family member dies due to the negligent, reckless, or intentional actions of another party, the grief becomes even more acute and complicated. Surviving family members may have legal options in such cases, but California's statute of limitations sets strict deadlines for filing a wrongful death lawsuit. Meeting these deadlines requires the guidance of an experienced personal injury or wrongful death attorney. Gavel Law Firm P.C. breaks it down in an easy to understand format:

Overview of California's Wrongful Death Statute

California's wrongful death statute, found in Code of Civil Procedure section 377.60, allows certain surviving family members to recover compensation for their loss when the death of a relative is caused by a wrongful act. This statute covers situations where the death resulted from:

• Negligence - A careless or unintentional act like a car accident or medical malpractice.
• Recklessness - When someone consciously disregards risks to others.
• An intentional act - Such as an assault, battery, or murder.

The wrongful death statute allows survivors to recover economic and non-economic damages like:

• Funeral and burial costs
• Loss of financial support or services
• Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support

The Two-Year Statute of LimitationsIn most cases, California sets a two-year statute of limitations period for wrongful death claims. This means eligible plaintiffs must file a lawsuit within two years from the date of their loved one's death.For example, if a person died instantly in a truck accident caused by the truck driver's negligence, that person's family would need to file suit against the driver and his employer within two years of the crash date. Similarly, if an elderly relative died from complications of bedsores acquired in a nursing home due to neglectful care, the countdown would start running from the date of death.Consulting a Wrongful Death Attorney
No amount of money can ever make up for the tragic absence of someone cherished, but it can help ease financial burdens during an excruciating time. With compassionate counsel and timely filing, justice and accountability can still prevail even when a life gets cut devastatingly short by another’s reckless or negligent actions.