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Sample wrongful death complaint california

Complaint for Personal Injury, Property Damage, Wrongful Death - California 2025

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The document PLD-PI-001 is a legal complaint form used in California for cases involving personal injury, property damage, or wrongful death. It outlines the necessary information regarding the plaintiff and defendant(s), the nature of the claims, jurisdiction details, and types of damages sought. The form allows for multiple causes of action to be attached and specifies requirements for compliance with claims statutes.

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Click ‘Get Form’ to open it in the editor.
Begin by entering your contact information in the 'Attorney or Party Without Attorney' section. Include your name, State Bar number, address, and optional email and fax numbers.
Fill in the court details including the Superior Court of California, County, city, zip code, and branch name.
In the 'Plaintiff' section, provide your name and any additional plaintiffs. Specify if any are minors or require guardianship.
Indicate the type of complaint by checking relevant boxes for personal injury, property damage, wrongful death, etc.
Complete the jurisdiction section by selecting whether your case is limited or unlimited based on the amount demanded.
List all defendants with their names and specify their nature (individuals, corporations, etc.).
Detail your claims for damages in section 11 and ensure to attach any necessary causes of action as specified.

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What damages are recoverable in wrongful death in California?

In California, these may include (but are not limited to) various types of financial support, including monthly support, the value of household services the deceased could have provided during his or her lifetime, the loss of any benefits and gifts the relatives could have expected to receive from the deceased.

Is wrongful death claim a personal injury?

Wrongful death refers to a specific type of personal injury case in which the injured party passes away, making the family members or estate of the deceased the recipient of compensation. Thus, wrongful death is a type of personal injury case.

What type of tort is wrongful death?

Wrongful death compensation is calculated based on a monetary amount that covers both economic and noneconomic losses for the survivors, usually children and spouses of the deceased, the parents of a deceased minor child, for the deceaseds estate, and for blood relatives or adoptive siblings who are in some way

What is the new law in California for wrongful death?

New California Law Allows for Pain, Suffering, or Disfigurement (Non-Economic) Damages in Survival Actions. Brian T. Gravdal, Esq. Prior to the enactment of SB 447, California law prohibited the recovery of damages for a decedents pain, suffering, or disfigurement in that action or proceeding.

How are damages calculated for wrongful death?

ing to the Judicial Council of California, in 2020-2021, plaintiffs won 58% of wrongful death cases, compared to 48% of other personal injury cases. But winning a wrongful death lawsuit may not always be simple.

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What are the odds of winning a wrongful death lawsuit?

ing to a study conducted by the U.S. Department of Justice (2), plaintiffs in wrongful death cases have a higher success rate than in other personal injury cases. The study found that plaintiffs won approximately 61% of wrongful death trials, compared to a 51% success rate in other personal injury trials.

What is a plaintiffs complaint for damages?

The complaint describes the plaintiffs damages or injury, explains how the defendant caused the harm, shows that the court has jurisdiction, and asks the court to order relief.