FAQ Re Wrongful Death

Wrongful death Majlessi Law Firm has extensive experience representing wrongful death claimants, fighting to win wrongful death lawsuits and settlements; we can do the same for you and your family, making sure you receive fair and just compensation for your loved one's loss of life.

The followings are germane questions regarding wrongful death lawsuit and insurance claim frequently asked by claimants of wrongful death and plaintiffs contemplating to file a wrongful death lawsuit.

    1.    What is a wrongful death?

A wrongful death is a death that is caused by the action or inaction of another, intentionally or negligently (unintentionally).

    2.    Do insurance companies pay for all wrongful death claims?

No, insurance companies only cover negligently caused wrongful death claims.

    3.    Can an uninsured person be held liable for payment of a wrongful death claim?

Yes, an uninsured person or entity can be held liable regardless of whether the wrongful death was caused intentionally or negligently.

    4.    What is the value of a wrongful death claim?

Typically, wrongful death cases are resolved anywhere between 10 to 100 million dollars.

    5.    Do I have a wrongful death claim?

You may have a wrongful death case if you have wrongfully lost a family member, i.e. father, mother, child, spouse, or sibling.

    6.    How many types of wrongful death are recognized under the law?

Two types:

    a)    Intentional, this is where the perpetrator’s deliberate act or inaction caused the death of the decedent.

    b)    Negligent, this is where the perpetrator unintentionally (without specific intent) caused the death of another – this category also includes where the defendant negligently failed to act when it owed a duty to act.

    7.    What are the types of wrongful deaths are actionable in a court of law?

Both intentional and negligent act or inaction of another could be the basis for a wrongful death lawsuit.

    8.    Who may file a wrongful death lawsuit in California?

Decedent’s spouse, domestic partner, children, and children of the deceased children of the decedent may file a lawsuit for wrongful death. However, if there are no surviving spouse, children, or domestic partner, then parents or siblings may pursue a claim for wrongful death. Additionally, financially dependant putative spouse, children of the putative spouse, stepchildren, or parents can seek money damages in a wrongful death cause of action. Code of Civil Procedure Section 377.60.

    9.    What are the damages that can be recovered in a wrongful death lawsuit?

The usual recoverable damages are loss of monetary support, love, society, companionship, associated funeral expenses, etc.

    10.    Are pain and suffering recoverable in a wrongful death action?

No. Pursuant to California Code of Civil Procedure Section 377.61, which codifies wrongful death action, pain and suffering is not a recoverable damage.

    11.    Are pain and suffering endured prior to decedent's death recoverable?

No. If the decedent survived his or her injuries for any length of time (minutes or days), and then dies due to the injuries caused by the incident, a survival action can be filed along with a wrongful death lawsuit, however pursuant to California Code of Civil Procedure Section 377.34 damages for pain, suffering or disfigurement is not recoverable.

    12.    Is there a time limit to file a wrongful death lawsuit?

Yes. In California the statute of limitation for a typical wrongful death lawsuit is two years, however you must consult an attorney immediately as your case might not be a typical wrongful death case.

    13.    Can I file a wrongful death lawsuit if the responsible person is being criminally prosecuted?

Yes. A wrongful death lawsuit can be filed immediately after death, even if a criminal case is pending.

    14.    Can I settle my wrongful death claim without a lawsuit?

Yes. A wrongful death claim may be settled for the insurance policy limits of the responsible person or any other agreeable sum of money whether paid by an insurance company of the responsible party or both.

    15.    Do I have to pay anything in advance when hiring an attorney for my wrongful death claim?

No. Attorney fees are contingent on recovery. This means that attorney fees are deducted from the money that is recovered, and you won't pay anything if there is no recovery.

    16.    Can I change my wrongful death attorney without paying more in attorney fees?

Yes. You have the right to change your attorney at any time during his or her representation. After your case is resolved, your attorney pays part of his fees to the previous attorney.

    17.    How long does it take for my wrongful death claim to be resolved?

A wrongful death case can be resolved at any time after death of a loved one. This could be months or even several years depending on many factors including whether a lawsuit is filed and the court's schedule which would affect the date of your wrongful death trial.

    18.    What if I don't live in California?

We join our efforts with prominent wrongful death lawyers nationwide to help you if the wrongful death did not occur in California.

("Legal information found on this page does not constitute legal advice.")