Can a Parent Sue for the Wrongful Death of a Child in California?

The loss of a child is probably the most devastating thing a person can experience. When a death is caused by carelessness and could have been prevented, it is referred to as a “wrongful death,” and the surviving parents may have legal standing to sue the party responsible for the death. Wrongful death cases may involve auto accidents, defective products, negligently-maintained, premises, and medical malpractice, among other causes.

California Wrongful Death Law

Wrongful death laws vary from state to state. California’s wrongful death statutes generally allow parents to pursue damages if either:

  • The decedent did not have any surviving children (but may have a surviving spouse)
  • The parents were financially dependent on the decedent

In most situations, parents have two years from the date of death to file a wrongful death lawsuit, or three years if the death was the result of medical malpractice.

What Damages are Available in Wrongful Death Cases?

In California, there are a number of personal injury damages that are recoverable in a wrongful death lawsuit. These include:

  • Funeral and burial expenses
  • Hospital bills
  • Medical bills
  • Lost income & projected future income

Compensation for these losses would be attributed to the estate of the decedent. Surviving family members may receive compensation for:

  • Loss of household services
  • Loss of moral support, guidance, love, community, and attention
  • Loss of anticipates financial support

Contact an Orange County Wrongful Death Attorney

If you have lost a loved one and seeking legal guidance, we invite you to contact the Law Office of Marshall Silberberg to schedule a free case review with one of our compassionate Orange County wrongful death attorneys. We understand how difficult this time can be and are prepared to provide you with the reliable guidance you need as you seek justice. Backed by decades of combined legal experience, we have helped hundreds of families in Irvine and throughout Orange County get the financial compensation they are due for the untimely and wrongful losses they have suffered.

Tell us about your case by filling out an online consultation form or by calling (949) 565-4281.

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