May the deceased person's estate file a wrongful death claim?

Yes, the deceased person’s estate may file a wrongful death claim in California. Under the California Code of Civil Procedure Section 377.60, a wrongful death claim can be filed against those at fault for causing a person’s death. This includes a claim for the losses experienced by the deceased person’s estate and certain family members. The claim must be filed by “the decedent’s personal representative”, which is typically the executor or administrator of the deceased person’s estate. This person is responsible for bringing the claim on behalf of the estate and any identified family members who may be entitled to damages. The damages available include compensation for the financial losses experienced by the estate and the deceased person’s family members. This could include the cost of medical treatment or burial expenses, the loss of financial support, and the loss of companionship or care. It may also include damages for the pain and suffering experienced by the deceased person prior to their death. If the claim is successful, the court will award damages which will be paid to the estate of the deceased person and their entitled family members. It is up to the executor or administrator of the estate to ensure that all damages are distributed appropriately.

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May the deceased person's estate file a wrongful death claim?

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