Where death results from another party’s misconduct, the family of the decedent may file a civil suit for wrongful death against the liable party. The family may recover damages for the decedent’s medical bills, loss of future income, funeral costs, as well as for the family’s own pain and suffering, loss of comfort, and loss of consortium. Some common personal injury areas leading to wrongful death claims include automobile accident cases, premises liability, toxic substance exposure, medical negligence, and product defect cases. In most instances, the statute of limitations for filing a wrongful death claim in California is two years, meaning that the family must file suit within two years of the decedent’s death or else its rights expire. One exception is with medical malpractice, where a wrongful death claim must be made within one year of the decedent’s death (or one year from reasonable discovery that the medical negligence caused the death).
Wrongful death cases are understandably the most difficult situations to deal with. These cases are wrought with tremendous emotional pain and turmoil, and as such, require the utmost attention and care in handling. At The Law Office of Aman N. Shah, we are equipped to handle all legal aspects of a wrongful death action, thus enabling the family to focus on moving forward from the trauma. If you have suffered the loss of someone close to you, there is no way we can relieve you of the emotional pain, but we can help you move on and protect your family’s financial future. Please contact us at 714-312-3974.