What is Wrongful Death?
Wrongful death occurs when a person’s death is caused by the negligent, reckless, or intentional actions of another party. These claims are civil lawsuits, separate from any criminal charges that may also apply.
Examples of situations that may give rise to a wrongful death claim include:
- Car accidents caused by drunk, distracted, or reckless drivers
- Medical malpractice such as surgical errors, misdiagnosis, or delayed treatment
- Workplace accidents due to unsafe working conditions
- Premises liability claims like slip-and-falls or unsafe property conditions
- Defective products that result in fatal injuries
- Acts of violence where intentional harm leads to death
The purpose of a wrongful death claim is to hold the responsible party financially accountable and provide surviving family members with compensation for their losses.
Who Can File a Wrongful Death Lawsuit in California?
California law (Code of Civil Procedure § 377.60) specifies which family members may file a wrongful death lawsuit. Those eligible include:
- The surviving spouse or domestic partner
- The children of the deceased
- The grandchildren of deceased children (if the deceased’s children are also deceased)
Dependent stepchildren, putative spouses, or parents who were financially dependent on the deceased
In some cases, if none of the above relatives exist, other individuals who would be entitled to the deceased’s property under California’s intestate succession laws may have the right to file.
Because the rules regarding eligibility can be complex, it is important to consult with an experienced Marin County wrongful death attorney who can evaluate your family’s unique situation and ensure the proper parties are included in the claim.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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They are very prompt with responses and follow up. The entire process was stress free (especially going through this during the middle of the pandemic) and seamless! He heard, understood my pain and had the most sincerest empathy for me. This review has been LONG overdue. He took care of me in 2020 and has left an everlasting impression in my life. I recommend everyone to Mr. Kuvara and his outstanding team! Thank you all from the bottom of my heart!
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Compensation for Wrongful Death
While no amount of money can truly compensate for the loss of a loved one, financial recovery can ease the burden of expenses and help families move forward. In California, compensation in a wrongful death lawsuit may include:
Economic damages:
- Funeral and burial expenses
- Medical expenses related to the deceased’s final injury or illness
- Loss of the deceased’s expected financial contributions (wages, benefits, etc.)
- Value of household services the deceased would have provided
Non-economic damages:
- Loss of companionship, love, guidance, and moral support
- Loss of consortium for a surviving spouse or partner
In addition, a survival action may be filed on behalf of the deceased’s estate to recover damages the deceased could have claimed had they survived, such as medical expenses or lost wages between injury and death.
Every wrongful death case is unique, and damages vary depending on the circumstances. At Kuvara Law Firm, we carefully calculate both the financial and emotional impact of your loss to pursue the maximum compensation available under California law.
Wrongful Death FAQs
How long do I have to file a wrongful death lawsuit in California?
In most cases, the statute of limitations is two years from the date of death. However, certain situations—such as claims involving government entities or medical malpractice—may have different deadlines. Speaking with a wrongful death lawyer as soon as possible is critical.
Do I need to prove negligence in a wrongful death case?
Yes. Like a personal injury case, you must establish that the defendant owed a duty of care, breached that duty, and that the breach directly caused your loved one’s death.
Can a criminal case and a wrongful death case happen at the same time?
Yes. Wrongful death lawsuits are civil cases, which are separate from criminal prosecutions. Even if a defendant is acquitted in criminal court, they can still be held financially liable in a civil wrongful death case.
How long does a wrongful death case take?
The timeline depends on the complexity of the case. Some cases resolve in months through settlement, while others may take years if litigation is necessary. Your attorney will keep you informed throughout the process.
How much is a wrongful death case worth?
There is no set amount. Compensation depends on factors such as the deceased’s age, earning capacity, relationship to survivors, and the circumstances of the wrongful act.
Speak With Our Marin County Wrongful Death Attorney Today
If you have lost a loved one due to someone else’s negligence or misconduct, you deserve justice. At Kuvara Law Firm, our compassionate and experienced Marin County wrongful death lawyer will stand by your side, protecting your rights and pursuing the financial support your family needs.
Contact us today to schedule a free consultation.
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Call Kuvara Law Firm (628) 240-1014
We handle all personal injury cases on a contingency basis. We only ask for payment if we are successful in getting you compensation.
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Bringing a Unique Perspective To The Table Meet Founder & Attorney Neal Kuvara
Our personal injury law firm was founded more than 50 years ago by attorney Neal Kuvara. Neal’s experience goes beyond representing injured victims in personal injury claims.
- Neal served as a medic in the Army, and he has a unique understanding of the medical elements that are at play in personal injury cases.
- Neal also worked as an insurance adjuster, so he knows firsthand the tactics insurance companies use.
Our team uses this unique perspective to our clients’ advantage when handling personal injury claims in California.
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