A comprehensive overview of California's wrongful death laws and the rights of family members who have lost a loved one due to someone else's negligence.
2. Wrongful death occurs
when a life is lost due to
someone else’s negligence.
The responsible party may
be another person,
a company, or a
government entity.
In some cases, multiple
parties will be involved.
3. Wrongful death claims can
be filed by surviving
spouses or children.
Parents, grandparents, and
other parties may also be
able to file a claim under
certain circumstances.
4. One of our attorneys
will be able to help
you determine if you
are entitled to
seek compensation.
5. Damages in a wrongful death claim may include:
End of life expenses
Projected future wages and financial contributions
Loss of companionship
Loss of community
6. In the state of California, punitive
damages are not typically awarded in
wrongful death claims. Additional
actions can be taken if punitive damages
are deemed appropriate.
Your attorney may make a demand for
compensation directly to the defendant’s
insurance company in an attempt to
avoid litigation. If this is successful, the
claim will be resolved.
7. If a settlement cannot be reached, the discovery phase will
begin. The discovery phase of a wrongful death claim allows
your attorney to gather needed information for the
building of your claim.
This process can take several months, but is essential
when a claim proceeds past the initial demand.
8. Following discovery, mediation may be required by the
court. This process involves all parties meeting to try and
work out a settlement. If a settlement is reached, the claim
is resolved. If not, it will proceed to trial.
10. When a case goes to trial,
nine of the twelve jurors must
reach consensus for the case
to be resolved. If the
settlement is suitable, the
claim is resolved.
If not, we can appeal
to a higher court.
11. The attorneys at Kirtland & Packard have the
experience and dedication needed to help families get
fair and full compensation following wrongful death.
Call us at (310) 536-1000 today to learn more.
