Filing a Rancho Mirage Wrongful Death Action

Losing a loved one can throw your world into chaos at a moment’s notice. If your loved one’s death was caused by an accident or the fault of someone else, you might also have to consider how to seek justice.

An award of money cannot replace a family member or suddenly bring you closure, but filing a Rancho Mirage wrongful death action can get compensation for you and your family. With the help of a compassionate wrongful death attorney at Walter Clark Legal Group, you could hold the at-fault party responsible and ensure you have the financial support you need.

What Is a Wrongful Death Action?

When a person passes away as a result of someone else’s negligence, reckless act, or intentional wrongdoing, there might be a wrongful death action available. Suing for wrongful death on behalf of someone who has died can provide compensation in the form of damages—the legal recognition of harm.

Damages usually qualify as economic or non-economic. Economic damages can include:

  • Funeral and burial expenses
  • The decedent’s financial support
  • The value of household support or services no longer provided

Non-economic damages, on the other hand, can include the more intangible losses, such as:

  • Protection
  • Moral support
  • Love and companionship
  • The romantic or sexual relationship with the deceased

Wrongful death actions do not typically result in punitive damages, however, unless the action comes from a felony homicide where the criminal defendant has already been convicted. Punitive damages are awarded to deter bad behaviors, multiplying damages to be paid on top of economic and non-economic damages, which are compensatory in nature.

Through a Rancho Mirage wrongful death action, surviving family members could receive economic and non-economic damages from a responsible party. However, they must first file an action successfully to get those damages.

Requirements for Filing Wrongful Death Actions

State law defines who may bring a wrongful death action, which will depend on the relationship to the deceased person. Wrongful death actions are brought on behalf of the deceased, rather than being brought by a person for their own injuries. Therefore, California Code of Civil Procedure § 377.60 details the following categories of survivors who can bring a wrongful death action:

  • Spouse or domestic partner
  • Children or issue of deceased children
  • If there are no surviving children or descendants, anyone who could inherit through intestate succession
  • A minor living with the deceased for the previous six months and dependent on them for more than one half of their support

Once a person ensures their eligibility to bring a wrongful death action, they still must file quickly. If the statute of limitations runs out, they will not be able to bring a lawsuit, possibly preventing them from any kind of compensation.

California Code of Civil Procedure § 335.1 sets a statute of limitations of two years after the date of death for wrongful death actions. To bring a wrongful death action in Rancho Mirage, surviving family members need to seek out an attorney to work on filing their claim before two years pass.

Discuss How to File a Wrongful Death Action With a Rancho Mirage Attorney

Right after losing a loved one may not feel like the ideal moment to think about legal action. But with a relatively short statute of limitations, you should take the time to consider an action by determining if you are someone allowed to bring suit.

Talking to a legal professional can help you learn more about filing a Rancho Mirage wrongful death action, and our lawyers can support you practically and emotionally. We want to hear your story and get the best assistance for you. Call Walter Clark Legal Group to make an appointment and to see what we can do for you and your family.

Walter Clark Legal Group

Walter Clark Legal Group