What is a wrongful death claim and what damages can be recovered?
A wrongful death claim arises when a death occurs as a result of the conduct of another person. California law allows the spouse, children, and parents of the deceased to pursue a claim on behalf of the deceased (other related individuals may also be able to file a claim). The statute of limitations for a wrongful death claim is generally two years after the date of death. Damages in a wrongful death claim are intended to compensate for the losses resulting from the death of a family member. Examples of recoverable damages include: • Loss of Future Earnings: the amount the decedent would have earned during his or her lifetime • Direct Expenses: including hospital and medical bills, and funeral cost • Loss of Benefits: what the decedent would be entitled to in pension/retirement benefits had he or she survived • Loss of Companionship: the loss of companionship and financial support provided by the decedent Damages for loss or damage that the decedent sustained before death, including an
