Wrongful Death

The death of a loved one is a traumatic and emotional experience for 

everyone involved. After the devastating loss of a loved one, the surviving family is in mourning and has a lot to deal with. Taking legal action may not be a priority but it is important for the survivors of the victim to consider speaking with and retaining a compassionate personal injury lawyer to help the surviving family members fight for justice.

If you lost a family member due to someone else’s actions such as in an accident, the survivors of the victim may have a valid wrongful death claim and should contact Pasadena personal injury attorney Lena Law, APC.

The same legal theories such as negligence, that apply in personal injury cases, applies in wrongful death cases. The 4 elements of the claim are duty, breach of duty, causation and damages.

A wrongful death case is when someone is killed due to another person’s negligence, careless acts or recklessness. This type of claim is separate and different from criminal charges that may be pursued against the responsible party. It is a civil case because it deals with securing financial compensation for the surviving family. The standard of proof in wrongful death cases which is a “preponderance of the evidence” is lower than in criminal cases. With this standard, you must show that it’s more likely than not true that the defendant caused your loved one’s death. Under California law, a “wrongful death” is defined as a death caused by the wrongful act or neglect of another person. 

A wrongful death occurs when someone dies because of another person’s actions.  Wrongful death claims can involve accidents or intentional wrongdoings.

In California, survivors of the victim can file a wrongful death claim. California Code of Civil Procedure 377.60 states those closest to the decedent, as enumerated in the code, such as surviving partners, dependent children, or heirs receive the highest entitlement in the wrongful death case. Certain parties who can file for the wrongful death of a loved one includes the following:

• A surviving spouse or domestic partner
• The victim’s children 
• The victim’s parents
• Issue of deceased children
• Certain parties who were financially dependent on the victim

If none of these parties exist, the personal representative of the victim’s estate may file. The compensation recovered is distributed according to the decedent’s will or California intestate laws where the victim did not leave a will.

Gathering all the necessary evidence is vital in wrongful death cases. At Lena Law, we know the importance of gathering the right evidence and analyzing the evidence to build a strong case. 

Evidence includes medical records, accident reports, witness information and testimony, and expert opinions among other things.

The value of your case will depend on various facts specific to the case and loss of the victim, including but not limited to:

• The circumstances of your loved one’s death
• The nature of the responsible party’s actions
• The nature of the actions of the deceased loved one prior to death
• Your loved one’s age and earning capacity at the time of death
• Your loved one's contribution to the family and household
• The expenses incurred due to your loss (including medical costs, funeral/burial costs, etc.)

The heirs can pursue compensation for economic and non-economic damages. These include:

• Loss of financial support
• Loss of the reasonable value of employment benefits or inheritance
• Loss of the value of household services provided by the victim
• Funeral costs and burial expenses
• Loss of the victim’s love, companionship, comfort, care, assistance, protection, affection, society and moral support
• Loss of parental guidance and instruction
• Loss of consortium or loss of sexual relations with the victim

A two year statute of limitations applies in California for wrongful death cases. The two year statute runs from the date of your loved one’s death to file a lawsuit for damages, otherwise you can be barred from seeking any possible compensation. In certain instances, depending on the reason of death, or if a minor is suing for the death of a parent or where a governmental entity is the cause of the death – the statute of limitations may differ (and may be less than 2 years.) Since the statute of limitations differ, it is important to immediately consult with a personal injury attorney to protect your rights and not be barred from compensation.

In a case where the victim survived for a period of time before the death, then a second type of claim for additional damages may exist known as a survival action. A survival action allows for losses between the date of the injury and date of death. The damages may include: 

• Medical bills 
• Lost wages
• The victim’s pain and suffering
• Punitive damages in cases involving intentional wrongdoing or malicious acts

If you believe that someone else caused your loved one’s death, contact us today for a free case evaluation, help and support.