Wrongful Death

A wrongful death claim is brought by the legal heirs of an individual whose death was caused by the fault of another. This fault can arise due to vehicular accidents, medical negligence, product liability or a host of other ‘torts’.

Our original state laws did not allow for wrongful death lawsuits, holding that a cause of action for this loss usually died with the victim. Even today, a victim’s pain and suffering caused prior to his death commonly passes with him. However, California, as well as most other states, have created a ‘wrongful death’ statute that permits certain family members and heirs to pursue the ‘economic’ value of their monetary and ‘societal’ damages resulting from the untimely death of a loved one.

In this ever-changing society, with registered partners and same-sex marriages recognized in some jurisdictions, it is critical to know what ‘heirs’ have a right to damage claims under the current laws and which ones do not.

Inasmuch as the statutory laws entitling recovery are limited to certain classes of heirs, and the requirement that all heirs be joined in one action for damages (either as willing participants or nominal defendants), attorneys with experience and knowledge in handling wrongful death claims should be consulted with as soon after the loss as is practical. We at Pohlson & Moorhead LLP have the expertise to answer your questions at no cost in this area of the law should such a tragedy before you or your friends. (949) 859-7070.