In The state of California, family members of a wrongful death victim are allowed to make a claim in the following order; first the spouse and then the children or any other dependents under the age of 18 years old.

Victims without a Spouse or Children

California law does allow for loved ones and significant others to bring a wrongful death claim, however there are certain conditions and criteria that must be met first. If you are the loved one or significant other of something that has lost someone to a wrongful death, please contact an attorney for more information or to see if you qualify for compensation.

What about "Loss of Love or Affection" for the Spouse?

In some cases, special compensation for the spouse of the victim may be granted for loss of love or affection. Though this is not always granted, an injury attorney should be able to give you more information about whether or not this is possible to claim for your case.

What is the Amount of Compensation that Someone will Receive?

Unfortunately there is no set or standard rate of compensation for a wrongful death claim, and there are many different factors that can weigh in on how much and or what type of compensation one will receive. Having said that, there are certain situations where a cap is put on wrongful death compensation.

Wrongful Death in Regards to Medical Malpractice

In the state of California, medical malpractice legislation states that the maximum compensation for a wrongful death suit is $250,000. This means that regardless of any circumstances for the living family members, the maximum they can receive is $250,000. Many personal injury attorneys as well as public advocates disagree with the law limiting the amount of compensation that one can receive for a wrongful death caused by medical malpractice.

If a family member or loved one has suffered a wrongful death and you need you need information about how to make your claim and or what type of compensation you may receive, please contact a wrongful death attorney in your area. An attorney will give you up-to-date information about legislation regarding wrongful deaths and they will be able to help you file your claim and get the compensation you are rightfully due.