Wrongful Death

What is a Wrongful Death Case?

If a person is killed because of the wrongful conduct of a person or entity, the decedent’s heirs and other beneficiaries may file a wrongful death action against those responsible for the decedent’s death. A wrongful death claim generally consists of four elements:

  1. The death was caused, in whole or part, by the conduct of the defendant.
  2. The defendant was negligent or strictly liable for the victim’s death.
  3. There is a surviving spouse, children, beneficiaries or dependents.
  4. Monetary damages have resulted from the victim’s death.

When Must a Wrongful Death Claim be Filed?

The statute of limitations (time limit to bring claim/file lawsuit) for a wrongful death action in California is variable depending upon the nature of the action and the status of the plaintiff and the defendants. For example, the general statute of limitations for an injury or death in California is two years from the date of injury or death. However, in the case of a medical malpractice action, the statute of limitations may be as short as one year, and in a case against a government entity, any lawsuit must first be preceded by the filing of a government tort claim, for which there is a 180-day limitations period.

Because the statute of limitations will be different depending upon the case and is often quite complex, you should contact an experienced wrongful death attorney as soon as possible. Pasadena wrongful death lawyer, Eduardo A. Brito, has 20-plus years of experience in wrongful death cases and can help determine the appropriate statute of limitations in your case. Contact the Law Office of Eduardo A. Brito today for a free case evaluation.

Who Are the Proper Plaintiffs in a Wrongful Death Case?

Determining who is entitled to bring a wrongful death case can be difficult. In California, Code of Civil Procedure §377.60 identifies all of the persons who are proper parties to bring a wrongful death case. Proper parties include the decedent’s surviving spouse, domestic partner, children, and children of pre-deceased children. Different rules apply if there no surviving spouse or children.  Since wrongful death cases can be complex, contact the Law Office of Eduardo A. Brito today to discuss your loss and your options and rights.

A wrongful death affects the entire family. The loss is devastating. Holding the person(s) or entity responsible for their carelessness won’t bring back your loved one, but at the least it will help to make your financial future less uncertain and will serve to prevent others from suffering the same type of devastating loss you’ve suffered.

The Law Office of Eduardo A. Brito will work to help you receive compensation which is just and fair. Contact us today.