Filing a Victorville Wrongful Death Action

The loss of a loved one can take a serious toll on you and your family, especially after a catastrophic accident. You will wonder who was responsible and what you can do about it after the fact as you search for direction and closure.

Money cannot replace a person or what they bring to your life, but you can consider filing a Victorville wrongful death action for compensation. Some justice can still be done by holding the responsible party to account for your loss, and our dedicated wrongful death attorneys at Walter Clark Legal Group could help you file your suit.

Wrongful Death Actions in California

Wrongful death actions can come from a death resulting from another person’s negligence, reckless act, or intentional wrongdoing. A successful suit can lead to compensation in the form of economic and non-economic damages.

Economic damages can include the:

  • Funeral expenses
  • Financial support of the deceased
  • Value of household support or services provided by the deceased

Non-economic damages could include the loss of:

  • Protection
  • Moral support
  • Love and companionship
  • Romantic relationship of the deceased

Pain and suffering are not typically included, even though a wrongful death action is brought on behalf of the deceased.

One type of compensation not typically awarded in a wrongful death action is punitive damages unless the case involves a felony homicide for which the defendant has already been criminally convicted. Punitive damages are meant to deter bad behavior, multiplying the damages a defendant must pay beyond economic and non-economic damages.

By filing a Victorville wrongful death action, surviving family members could receive the damages mentioned above, so long as they can successfully prove another party’s fault. But to do so, they must be eligible to file an action in the first place.

What You Need to Know to File a Wrongful Death Claim

In California, as in most states, who may bring a wrongful death action depends on their relationship with the deceased. Not just anyone can bring this kind of suit, as it is an action on behalf of the deceased instead of an action brought for a person’s own sake. California Code of Civil Procedure § 377.60 allows any of the following survivors to bring a wrongful death action:

  • Spouse or domestic partner
  • Children or issues 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

Additionally, individuals must file a wrongful death action before the statute of limitations runs out in Victorville. For wrongful death actions, the statute of limitations set by California Code of Civil Procedure § 335.1 is two years after the date of death. After those two years, people will not be allowed to bring a claim based on a wrongful death and might not be able to get compensation.

A Victorville Attorney Could Help You File a Wrongful Death Action

It may not feel like the right time to bring a lawsuit after losing someone you love, but taking the time to consider an action can help bring closure and recompense to you and your family.

If you want to learn more about filing a Victorville wrongful death action, our experienced lawyers at Walter Clark Legal Group can help, even if just by hearing your story and providing advice. Talking with a lawyer soon can ensure that you preserve your legal rights. Let our team help you and your family through the aftermath of a loved one’s passing. Call today.

Walter Clark Legal Group

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