ARTICLES
What is a Wrongful Death Claim?
In California, a "wrongful death claim" arises when one person dies as the result of the wrongful act or negligence of another person or entity. Unlike a homicide case that is brought by the state and in which the convicted offender is penalized with prison, probation or other methods, a wrongful death claim is a civil lawsuit brought by the survivors of the deceased person or decedent. The fault of the responsible party is expressed solely in terms of money damages, which the court orders the defendant to pay to the decedent's survivors (assuming the lawsuit is successful).