Can a wrongful death case be based on a criminal charge?
Yes, a wrongful death case can be based on a criminal charge in California. This is known as a civil action for wrongful death. A wrongful death case is a type of personal injury lawsuit that seeks to hold liable a person or company for the death of a family member or loved one. Generally, a wrongful death case is based on an act of negligence or wrongdoing committed by the defendant and results in the death of the victim. In the case of criminal charges, the defendant may still be civilly liable for the death of the victim, even if they are found not guilty in the criminal case. Under California law, a wrongful death case must be brought within the two-year statute of limitations. The two-year period begins to run from the date of death, or the date when the family learns of the injury resulting in death. The family of the deceased can bring a wrongful death claim against the defendant who caused the death. In the event of a criminal conviction, the family can receive additional damages, including compensation for medical and funeral expenses, loss of companionship and emotional pain, and other economic losses. Wrongful death claims based on criminal charges can provide a sense of justice to the victims’ families and can hold the defendant accountable even in the absence of a criminal conviction.
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