Wrongful Death
What Is a Wrongful Death in California?
A wrongful death occurs when someone dies because of another person’s negligence, careless actions, recklessness, or wrongful conduct.
The same basic legal theories that apply to personal injury cases may also apply to wrongful death claims. The four elements generally involve:
- Duty
- Breach of Duty
- Causation
- Damages
A wrongful death claim is a civil case and is separate from any criminal case that may also arise from the same incident. The purpose of the civil claim is to seek financial compensation for surviving family members.
Under California law, wrongful death is a death caused by the wrongful act or neglect of another person.
Who Can File a Wrongful Death Claim?
California law allows certain surviving family members and other qualifying parties to pursue a wrongful death claim.
Surviving Spouse
Passion for work is a enthusiasm and excitement for what you do.
Domestic Partner
Passion for work is a enthusiasm and excitement for what you do.
Children
Passion for work is a enthusiasm and excitement for what you do.
Parents
The victim’s parents may qualify under certain circumstances.
Issue of Deceased Children
Children or descendants of a deceased child may qualify in certain situations.
Financial Dependents
Certain people who were financially dependent on the deceased may also have rights under California law.
If none of these parties exist, the personal representative of the victim’s estate may be able to file. Compensation recovered may then be distributed according to the decedent’s will or California intestate laws when there is no will.
Evidence Matters in a Wrongful Death Claim
Gathering and analyzing evidence is vital in wrongful death cases. At Lena Law, we understand the importance of preserving the information needed to build a strong case.
Important evidence may include:
- Medical records
- Accident or incident reports
- Witness information and testimony
- Photographs and video evidence
- Expert opinions
- Financial and employment records
- Other evidence relating to the circumstances of the death
What Is a Wrongful Death Case Worth?
Every wrongful death case is different. The value of a claim depends on the facts and circumstances surrounding the death and the losses suffered by the surviving family.
Factors may include:
- The circumstances surrounding your loved one’s death
- The nature of the responsible party’s actions
- The actions of the deceased prior to the incident
- Your loved one’s age and earning capacity
- Their financial contribution to the family
- Their contribution to the household
- Medical expenses related to the final injury
- Funeral and burial expenses
Damages May Include
Eligible heirs may pursue economic and non-economic damages, including:
- Loss of financial support
- Loss of employment benefits or inheritance
- Loss of household services
- Funeral and burial expenses
- Loss of love and companionship
- Loss of comfort, care and assistance
- Loss of protection, affection, society and moral support
- Loss of parental guidance and instruction
- Loss of consortium or sexual relations with the deceased
Do Not Wait to Protect Your Rights
Two-Year Deadline
A two-year statute of limitations generally applies to wrongful death lawsuits in California, beginning from the date of your loved one’s death.
Shorter Deadlines May Apply
Different deadlines may apply when a case involves a government entity, certain circumstances surrounding the death, claims involving minors, or other legal exceptions.
Protect Your Right to File
Missing an applicable deadline may prevent you from pursuing compensation. Because every case is different, speak with a personal injury attorney as soon as possible.
Understanding a Survival Action
1.
Injury Occurs
The victim suffers injuries because of another party’s wrongful conduct, negligence, or actions.
2.
Victim Survives for a Period
The injured person survives for some period of time between the initial injury and their death.
3.
Survival Action May Exist
A survival action may allow certain losses suffered by the victim during this period to be pursued separately from the family’s wrongful death claim.
4.
Medical Expenses
Damages may include medical bills incurred between the date of injury and the date of death.
5.
Lost Wages & Other Damages
The claim may include lost wages, the victim’s pain and suffering, and other applicable losses.
6.
Punitive Damages
In cases involving intentional wrongdoing or malicious acts, punitive damages may also be available.
A survival action is separate from a wrongful death claim and may involve different damages and legal considerations.
Do you need help?
Let Lena Law handle the insurance companies and guide your case from beginning to conclusion while you concentrate on recovering from your injuries.