Best Wrongful Death Lawyers San Jose, CA Of 2024 – Forbes Advisor – Technologist

Below is a guide to filing a wrongful death lawsuit in California. Understanding your legal rights and duties before, during and after the proceedings can make the process smoother for you.

California Statute of Limitations for Wrongful Death Cases

The statute of limitations for filing a wrongful death claim in California is two years from the date of the death. If you fail to take action against the negligent person within this period, you may not have any legal remedy against the defendants. Any future lawsuits will be dismissed by the court.

If the death was caused by the medical negligence of a healthcare provider, a lawsuit can be filed within three years from the date of the death. But if the reason for the death was discovered sooner, the statute of limitations is one year from the date of discovery.

If a government entity was responsible for the negligence, you have to file an administrative claim with the agency within six months. The government then has 45 days to respond to your claim. If it is rejected, you must file a lawsuit within 6 months from the receipt of the denial. However, if you do not receive a rejection letter, you can file a case within two years from the date of the death.

California Wrongful Death Laws

• Damage Caps. California does not cap damages in wrongful death claims in most cases. However, as of January 1st, 2023, non-economic damages in medical malpractice cases against healthcare providers and institutions are capped at $500,000. This amount will increase by $50,000 every year for ten years until it reaches $1 million.
• Eligibility. The surviving spouse, domestic partner, children or any person who is entitled to the deceased person’s property as per California succession laws is eligible to claim compensation in case of wrongful death. Any other dependents or minors who resided with the deceased and relied on them for at least 50% of financial support can file a wrongful death claim.
• Recoverable Damages. In a wrongful death claim, the compensation is divided into two categories, economic and non-economic damages. Economic damages include financial losses like financial support, loss of gifts or benefits, funeral and burial expenses and value of household services that the decedent provided. Non-economic damages include compensation for the loss of companionship, love and care, loss of intimacy and loss of training and guidance.
• Survival Action Lawsuit. The personal representative or the successor of the decedent can file a survival action lawsuit against the defendant. It compensates the successor for the damages—like medical bills and pain and suffering—that accumulated after the negligence but before the victim succumbed to the injury. This is separate from the wrongful death action and includes damages that the deceased person would have incurred if they survived. Damages recoverable under this lawsuit can include punitive damages.

Wrongful Death Settlement Considerations

After you file an insurance claim, the insurer must acknowledge it, start their investigations and provide information and assistance within 15 days of its receipt. They must subsequently respond to all the correspondence within 15 days of receiving them. Once you furnish documentation providing evidence supporting your claim, the insurance company should either accept or deny your claim within 40 days.

If you settle, your claim should be paid out within 30 days from the date of the settlement. Since any damages received for personal injuries are not included in gross income for income tax purposes, your settlement amount should not be taxed by the IRS. However, you should contact an experienced San Jose wrongful death lawyer to understand your tax obligations for your settlement in detail.