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California Wrongful Death Laws

No one is ever prepared for the untimely death of a loved one. Not only will you experience grief over your loss, your family may face many additional unforeseen struggles due to their passing. 

You should be able to mourn without financial worry. The at-fault party should compensate your family for the pain and devastation they’ve caused. A Sacramento wrongful death lawyer could help you through this challenging time in your life.

Below, we describe in further detail what a wrongful death claim is and how to go about filing a wrongful death lawsuit in California. 

What Is a Wrongful Death Claim?

Wrongful death claims are much different from a criminal trial. The person or persons who caused your family member’s death may face criminal charges if the state decides they should be prosecuted. Here, they are seeking penalties such as restitution, incarceration, and probation, to name a few.

But wrongful death lawsuits are often filed by an attorney being represented by the decedent’s surviving family. Instead of seeking criminal penalties, they pursue civil remedy in the form of financial compensation.

You may have grounds for a wrongful death lawsuit when another party is responsible for causing the death of your loved one. It doesn’t matter whether their actions were intentional or accidental. If it wasn’t for their actions, your loved one may still be with you today. 

Filing a California Wrongful Death Lawsuit

If you are ready to file a wrongful death claim in California, there are certain legal details you will need to know. First, you need to find out whether you have the right to file the claim. Under California law, the decedent’s surviving spouse or adult children are usually first in line to file..

In the event the decedent does not have either of these surviving family members, the next surviving person in the decedent’s line of descent will have the authority to file the claim. Parties who can show they were financially dependent on the decedent may also be entitled to financial compensation in the wrongful death claim. 

Once you have determined you have the right to file, it is time to act quickly. Your lawsuit will need to be filed before the state’s statute of limitations expires. For California wrongful death lawsuits, claimants have two years from the date of the decedent’s passing. 

If yours isn’t filed before the statute of limitations runs out, you can expect to have your case dismissed in court. You can save yourself the hassle of having to worry about these laws by getting help from an experienced wrongful death lawyer in California. 

Meet With a Wrongful Death Lawyer in Sacramento

When your family has lost a loved one due to the negligent actions of another and you are unsure of where to turn for help, contact a Sacramento wrongful death lawyer. Crowell Law Offices could help your family get justice for your untimely loss. 

Call our office at 916-303-2800 or visit our website to schedule your free, no-obligation consultation. 

About the Author:

Crowell Law Offices

Crowell Law Offices represent clients throughout Northern California with local offices in Sacramento, Placer and Yolo Counties, California. Our personal injury firm defends people who've been injured by another's negligence: auto accidents, brain/spine injuries, child injuries, catastrophic injuries and wrongful death cases.... View full business profile here: Crowell Law Offices

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