Filing a Rialto Wrongful Death Action

The California Code of Civil Procedure § 377.60 authorizes a wrongful death action on behalf of a deceased person’s heirs and family. These heirs include those who would inherit through a will or intestacy. They may file the action to recover the losses they suffered because of their loved one’s death.

Do not confuse this with a survivor action, which you may file simultaneously, but compensates the deceased person’s estate after a wrongful death if the deceased person would likely have won a personal injury lawsuit if they had lived. Our attorneys are here to assess your situation and guide you if filing a Rialto wrongful death action is appropriate.

Who Can File a Wrongful Death Claim?

The California Code lists the people who may file a wrongful death action when a loved one dies because of another person’s negligence. The law includes the following relatives:

• The deceased person’s surviving spouse or registered domestic partner
• The deceased person’s children
• The deceased person’s parents, siblings, or other heirs who may inherit (if there is no surviving spouse, partner, or child)
• The personal representative of the decedent’s estate (if no heir files the action)

In Rialto, heirs may file wrongful death claims for their own losses, but the court tends to consolidate these claims to avoid numerous lawsuits over the same death. If you are unsure whether you qualify as an heir to file this type of claim, consult our attorneys, who are well-versed in personal injury law.

Damages in a Wrongful Death Action

California Code of Civil Procedure § 377.61 governs the damages available in wrongful death cases. The law generally awards damages that are just and fair. However, heirs and family cannot double recover for the deceased person’s pre-death losses, which a survival action addresses.

Generally, heirs and family may recover economic damages, including:

• Final medical and funeral expenses
• Loss of the deceased’s support as a breadwinner
• Loss of benefits the deceased would have provided to family members, such as medical insurance
• The value of the deceased’s household services, such as caring for children, cooking, housekeeping, and maintenance

Heirs may also recover non-economic damages. These include the comfort, affection, and moral support the deceased person provided.

Courts rarely award punitive damages against the person responsible for the death. For the court to consider them, the at-fault party must have acted egregiously and with wanton disregard for human life. Talk to our Rialto attorneys to learn what damages a court might award after filing an unlawful death lawsuit.

Statute of Limitations

In most wrongful death cases, you have two years from the date of death to file. Failing to file on time usually precludes future filing. The time limit exists so you can file while witnesses are still available to testify and evidence is still in place.

Exceptions apply for medical malpractice wrongful death claims, which the law limits to one year from discovery or three years from the person’s death. If your case involves a government employee, you must provide a preliminary notice, usually six months before filing a wrongful death action in Rialto.

Contact Our Attorneys in Rialto for Help Filing a Wrongful Death Lawsuit

If your loved one dies because of someone else’s negligence, we respect that your grief may be immeasurable. You do not have to accept this untimely loss and forego justice. Our empathetic lawyers are skilled at filing a Rialto wrongful death action to benefit our clients, and we may help you, too. Call now for a complimentary consultation.