Vital Issues to Consider Before Filing a Wrongful Death Claim

Wrongful death occurs when a person’s reckless or negligent actions result in the death of another person. It can be an instant or immediate death; or it can be a delayed outcome of an accident. It may also be intentional or unintended.

In most cases, a claim for damages may be pursued by the decedent’s family members (surviving relatives of the deceased victim) against the culprit in the case.

Typically, wrongful death cases may arise as a result of personal injury accidents such as: auto accidents, workplace accidents, construction site accidents, medical malpractice, “mesothelioma”, dangerous or defective products or drugs, or any other accidents from similar causes.

Because there are no wrongful death provisions under the common law, many states have adopted their own statutes to address the issue. In Los Angeles, for example, lawsuits and claims involving such cases are governed by the state law on personal injury and wrongful death.

In order to better understand how to pursue a claim in a wrongful death incident, you must consider the following important issues regarding the statute and its application:

1. Statute of Limitations – The state law only allows a person two years to file a claim against a private person, businesses and corporations.

Under California law, the limitations period commences once an injury victim has suspicion of wrongdoing with knowledge of the harm and its cause. When this happens, a complaint must be filed within two years.

2. Standing Requirements - A wrongful death claim may be filed under the following conditions:

a. Only the heirs or the dependents of the deceased victim may file the claim

b. Only one lawsuit or joint cause of action must be maintained

3. Special Rules – Special rules regarding the statute of limitations apply against public entities such as county, city, state, and a host of ‘districts,’ like ‘irrigation district’, ‘fire district’, etc. The time limit for children against public entities is one year.

However, all claimants, including children, must file an administrative claim against the public entity within six months of injury or death. Claimants are allowed an additional six months to file a late claim.

4. Delayed Discovery Rule – Under the law, wrongful death claims must be filed within the two-year limitation period. This means that the statutory clock starts as soon as the plaintiff has knowledge of an injury.

However, in cases when a victim discovers an injury beyond the time set to file a claim, the delayed discovery doctrine will apply. According to the state discovery rule, “the accrual date of a cause of action is delayed until the plaintiff is aware of her injury and its negligent cause.”

5. According to the statute, a wrongful death is distinguished from a "survival action," as ‘a claim made by the administrator of the estate of the deceased (or if no estate by the successor in interest of the deceased) for economic losses and punitive damages on behalf of the deceased, but excludes any claim for the decedent's emotional distress or general damages, which expire upon death’.

6. Grief damages are not recoverable.

7. Unlike in some states, punitive damages may be awarded to the victim’s estate under the California law.

Pursuing a wrongful death claim in Los Angeles may require knowledge and experience in the various issues related to these cases. In this respect, you will need the skills of a Los Angeles wrongful death lawyer who specializes in handling cases of similar nature to help you obtain the maximum recovery available for your claim.

For immediate assistance in filing your wrongful death claim, log on to our expert Los Angeles personal injury lawyers’ website and learn how to avail our free case evaluation services.