Posted on Tuesday, November 5th, 2019 at 4:54 pm    

It is difficult to lose a loved one under any circumstances. When the death is caused by another party’s negligence or wrongdoing, California’s wrongful death laws provide a way for family members to seek justice for their loved one. A California wrongful death attorney can review your case to determine if you have a claim under the state’s wrongful death statutes. If you are interested in pursuing a wrongful death claim, it is important to know these three things about wrongful death claims in California.

Three Things You Should Know About Wrongful Death Cases in California

1.  You Have a Deadline for Filing a Wrongful Death Case

To protect your right to hold the person or party responsible for your loved one’s death accountable, you need to talk to an attorney now. Your time to file a wrongful death claim is restricted by law. In many cases, family members have two years from the date of death to file a wrongful death claim. However, that time may be shorter or longer, depending on the circumstances surrounding your family member’s death.

For example, if a government entity was involved, you may have just six months from the date of death to file a claim. On the other hand, cases involving medical malpractice often have a three-year statute of limitations for filing wrongful death claims.

It is always best to speak to a California wrongful death lawyer as soon as possible to avoid an issue with the statute of limitations for wrongful death claims.

2.  A Criminal Conviction is Not Required for a Wrongful Death Claim

Even though some cases may also involve a criminal charge against the person responsible for causing your family member’s death, a criminal charge is not necessary to file a wrongful death action. A wrongful death claim is a civil action that is separate and apart from any criminal charges that might or might not be filed related to the death. Therefore, you may have a valid civil action even though the state declines to pursue any criminal charges related to the death.

3.  A Survival Action May Also Be Filed

In addition to the wrongful death claim filed by family members, a separate action might be filed by your loved one’s estate seeking compensation for additional damages. A survival action is filed by a person’s estate seeking compensation for damages that the person would have been entitled to receive had the person lived. For example, a survival action may be filed to recover compensation for the medical expenses incurred in treating your loved one from the date of the injury through your loved one’s date of death.

The estate may also recover compensation for the pain and suffering your loved one endured because of the injury. In some cases, punitive damages might be awarded for certain acts that led to the person’s death.

Contact a California Wrongful Death Attorney for a Free Case Review

A monetary award is not going to ease your family’s suffering after losing a loved one. However, compensation from a wrongful death claim can provide the resources your family needs as you continue to deal with the consequences of losing a family member. A claim also forces the negligent party to take responsibility for actions that led to your family member’s death.

Contact The Tiemann Law Firm at (916) 999-9000 or by visiting our website to schedule a free consultation with one of our California wrongful death lawyers.

Client Testimonials

Hanna Padilla Testimonial
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From the very start of my case the Tiemann Law Firm was wonderful. Perter came all the way to my home to sit down and talk to me about my options. He made me and my partner feel very comfortable and promised us he would take the very best care of my case. Peter kept me informed every step of the way and was always on top of things. everything was done in a timely manor and I always felt like I was the only case he was working on because he was so fast. In the end Peter got me back way more money than I ever expected. I would recommend this law firm to everyone. I am very happy with the outcome of my case thanks to the Tiemann Law Firm! Thank you!

Matt H. Testimonial
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I was in a car accident a while back where I was injured and had to miss work for an extended period of time.  After nearly a year of fighting with the insurance company with no results and no progress, I met with Jelena Tiemann.  I couldn't have asked for a more responsive and supportive advocate.  We quickly reached a settlement and I finally was able to move from the stress and burden of feuding with my insurance.  I highly recommending meeting with Jelena if you're in need of a lawyer.

Star Fire Testimonial
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It is hard to put into words the care and dedication that I received from the Tiemann’s. They have been here for me every step of the way and were always available when I had questions or concerns. My husband and I will be forever grateful for everything they have done for us and our family. Thank you so much for all of the hard work and time you have put into my case, we greatly appreciate it and your friendship. We highly recommend this firm and will always be thankful for everything they have done. Thank you so much again, Kim

Lendzey Garcia
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I was in a very bad/ major car accident I originally had an attorney who wasn’t trying to help me out much or take any of my calls so I called Tiemann and told them my situation. They made it an AWESOME and Smooth transition over to them and took on both cases I had. I just settled on my big case and am beyond great full. For them and their team! I highly recommend them. To add on to this a little On how much they will work with you, I moved to Montana in the middle of all Of this and it was not an issue!

Maye Ly Testimonial
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I just saw my lawyer Jelena Tiemann on a t.v ad, which reminded me how much she helped when I was in a desperate situation. I just love her! That is why I feel a need to tell everyone. I had a situation that happened & didn’t know what to do, our where to go. I didn’t even know if she could help me or if any lawyer could. All I wanted was it to go away & was afraid most lawyers wanted to drag it out & possibly go to court. For one she was very professional but was very personable (maybe b.c she’s a lady). She didn’t make me feel embarrassed or self-conscious that I did something wrong or was the cause of the situation. She immediately said we should try our best before going to court. Let me handle some paperwork, if at the last we do go to court we have documents. She gave me all the details, pros and cons but reassured me she deals with these cases all the time. She came through and made it as painless as possible. I now have my life back.