At Miller Wilmers APC, we see our clients as friends and neighbors who are going through one of the hardest experiences life can bring. When we take on your wrongful death lawsuit, we fight for your loved one as if they were a part of our own family. You shouldn’t have to experience this heartbreaking time alone. Contact us today to learn how we can help keep your loved one’s legacy alive.
A wrongful death occurs when a person dies due to the negligence, recklessness, or intentional harm caused by another party. This includes cases involving medical malpractice, defective or malfunctioning products, reckless driving, and deliberate acts of violence. Simply put, wrongful death claims arise whenever someone’s actions or failure to act result in the untimely death of another.
Wrongful death claims can result from a variety of tragic incidents, including:
California follows a pure comparative negligence system in wrongful death cases. This means even if your loved one was partially at fault for the accident, your family can still pursue a claim. However, the damages awarded may be reduced based on the deceased’s share of blame.
Additionally, the state enforces a One Action Rule, which requires all eligible family members to bring a single lawsuit against the defendant. This rule is designed to avoid multiple lawsuits arising from the same incident, promoting fairness and efficiency in handling claims.
California law limits wrongful death claims to certain eligible individuals, including:
Families seeking justice may be entitled to recover damages that include:
California generally does not place caps on non-economic damages for things like such as loss of love, companionship, and emotional suffering, except in some medical malpractice situations.
Most wrongful death claims depend on showing that another party’s negligence directly caused the death of your loved one. At Miller Wilmers APC, our attorneys can prove negligence in several ways, including:
In most cases, wrongful death lawsuits must be filed within two years of the date of death. However, exceptions exist for:
If your family is grieving after a wrongful death, you don’t have to face this painful time alone. Miller Wilmers APC offers compassionate legal guidance to help you through every step of the process. Contact us for a free consultation to discuss your case and how we can assist you in pursuing justice for your loved one.
A wrongful death claim is generally filed by the personal representative of the deceased’s estate or the deceased person’s heirs, such as spouses, children, or parents. California law limits who is eligible to bring these claims to ensure those most closely connected to the deceased seek justice.
A wrongful death claim compensates the family members for their losses resulting from the death itself, such as loss of support and companionship. Survival actions, by contrast, are brought on behalf of the deceased person’s estate and address claims the deceased could have pursued if they had lived, like pain and suffering before death.
Generally, the deadline is two years from the date of death, but exceptions can apply. For example, medical malpractice wrongful death claims and claims involving government entities may have shorter filing deadlines, so it’s crucial to act quickly.
Wrongful death damages may include medical bills incurred before death, funeral costs, loss of the deceased’s income, and non-economic damages such as loss of love and companionship. California caps non-economic damages only in certain medical malpractice claims but not in general wrongful death cases.
The One Action Rule requires all eligible parties to join together in a single lawsuit against the responsible party, preventing multiple lawsuits over the same wrongful death. This ensures that all claims are settled fairly and efficiently in one proceeding.
Yes. A wrongful death lawsuit is a civil matter separate from criminal proceedings. Even if the responsible party faces criminal charges, family members can still pursue a wrongful death claim to seek financial compensation.
