Wrongful Death

The California Code of Civil Procedure section 377.60 provides for damages in wrongful death cases: A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent's personal representative on their behalf: (a) The decedent's surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. (b) Whether or not qualified under subdivision (a), if they were dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, 'putative spouse' means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid. (c) A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent's death, the minor resided for the previous 180 days in the decedent's household and was dependent on the decedent for one-half or more of the minor's support. (d) This section applies to any cause of action arising on or after January 1, 1993. (e) The addition of this section by Chapter 178 of the Statutes of 1992 was not intended to adversely affect the standing of any party having standing under prior law, and the standing of parties governed by that version of this section as added by Chapter 178 of the Statutes of 1992 shall be the same as specified herein as amended by Chapter 563 of the Statutes of 1996. (f) For the purpose of this section, "domestic partner" has the meaning provided in Section 297 of the Family Code.

Family members or representatives of an estate of an individual who was killed in an accident may bring a wrongful death action to recover compensation. The estate or surviving family members of any victim who was killed in a fatal car accident, premises or construction site accident, or suffered another accidental death may be entitled to compensation. Mr. Charlton P. Charlton understands the needs of individuals and families facing wrongful death litigation. He knows that a legal dispute can be emotional, stressful, and financially burdensome.

Filing a legal claim on behalf of a loved one can be extremely difficult. If your spouse, parent, or child suffered a fatal injury or abuse, you can file a civil action against any party that acted negligently, recklessly, or intentionally in causing those injuries. If your loved one suffered a deadly crash or other fatal accident, our attorneys will work with you to secure your financial stability and stabilize your family.

Mr. Charles P. Charlton can support you throughout your wrongful death case. Throughout the legal process, he will remain attentive to your needs and answer any questions that you may have. Please contact Mr. Charlton for a free consultation at (310) 651-9906.