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Tuesday, March 31, 2015


You may have heard the term “Wrongful Death”, but how much do you know about the State of California’s Laws regarding the negligent death of an Adult?  According to LegInfo.Ca.Gov, The Code of Civil Procedure Section 377.60 - 377.62 states that a Wrongful Death is defined as: A cause of action for the death of a person caused by the wrongful act or neglect of another”.  Basically, “Wrongful Death” allows a deceased accident victim’s family to seek damages and compensation under California Law.

The AccidentDataCenter.com’s article What Every Family Needs To Know About A Wrongful Death Case states: ”When someone is killed because of the carelessness or misconduct of another person, the surviving members of the victim's family may bring a "wrongful death" lawsuit.  Wrongful death lawsuits can also be filed against Corporations and Governmental Agencies for their negligence… (and) may arise out of a number of situations, for example: Automobile Accident, Defective Product, or Medical Malpractice.”

WrongfulDeathCaseLaw.com’s Ultimate Guide Article asks: “COMPENSATION CANNOT BRING MY LOVED ONE BACK. WHY SHOULD I SEEK IT?”
While no amount of compensation can restore a lost life, and no award of damages can replace the love you received from a family member who died, Monetary Compensation — an award of money — is the method by which our civil justice system dispenses justice. If you are entitled to compensation, there are several reasons why you should seek it.
  • Replacing Financial Support of the lost loved one
  • Deterring future misconduct and negligent acts
  • Promoting product safety
  • Personal satisfaction / Closure

Compensation in a Wrongful Death Lawsuit may help to cure the Financial Loss of losing a loved one.  Medical and Funeral Expenses, Lost Prospect of Inheritance, and Loss of Support and Services are all weighed by the court to provide a “Fair and Just” compensation to the surviving family.  In some states, Punitive Damages may also be awarded in cases of serious or malicious wrongdoing to punish the defendant and deter others from repeating similar bad behavior.

The Statute of Limitations is the time limit for bringing a Wrongful Death Lawsuit and varies from state to state.  One state’s statute of limitations might only be one year, while another’s might be as long as three years, so it’s very important to Contact an Accident Injury Attorney in your state early to determine your legal rights.

The Law offices of Mark A Doughty can be reached by calling 530-674-1440. Mark A Doughty has been practicing law in California since 1979. He has served the people of Northern California and represented them without a fee (in accident cases) unless he recovers for them. For more information, please see http://GoLaw.com.