What is a wrongful death action?

A wrongful death action is a type of civil lawsuit brought by surviving family members against the person or entity responsible for the death of their loved one. A wrongful death action is available under California law when a person dies as the result of another’s negligent, careless, or intentional act. Under California law, a wrongful death action must be brought within two years from the date of death. The purpose of a wrongful death action is to recover compensation for the surviving family members for the losses they suffered due to the death of their loved one. These losses may include medical bills, funeral expenses, loss of companionship, and even punitive damages. In order to succeed in a wrongful death action, the plaintiff (the surviving family members) must show that the decedent’s death was caused by the defendant’s negligence, carelessness, or intentional act. The plaintiff must also prove that they have suffered damages as a result of the death. In California, surviving family members entitled to bring a wrongful death action include spouses, domestic partners, and the decedent’s surviving children. If the decedent does not have any surviving family members entitled to bring a wrongful death action, it can be brought by the decedent’s estate. If successful, a wrongful death action can help surviving family members by providing them with compensation for the losses caused by their loved one’s death. It also helps punish the responsible party and can help prevent similar incidents from occurring in the future.

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What is a wrongful death action?

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