Navigating Wrongful Death Claims in California | Justice

When another party's negligence or misconduct causes the death of a loved one, the effect on surviving family members is beyond description. California's wrongful death statutes allow bereaved families to step into the shoes of their just-deceased relatives and seek some measure of justice and a goodly amount of monetary damages.

What is a Wrongful Death Claim?

A claim for wrongful death comes about when someone's acts—be they negligent, reckless, or even intentional—lead to another person's death. Such claims aim to indemnify the deceased person's family for the monetary and emotional toll that the death has taken on them.

Prominent instances of wrongful death claims consist of:

1. Fatalities caused by drivers who are distracted or under the influence.
2. Medical Malpractice: Deaths due to negligence on the part of a healthcare provider.
3. Worksite Accidents: Unsafe working conditions that lead to fatal injuries.

Who Can File a Wrongful Death Claim in California?

Under California law, there are certain individuals who may file a wrongful death claim. These individuals include:

• Surviving Husband or Wife: The first to file a claim in the order of priority is the legally recognized partner.
• Biological and adopted children of the deceased may file.
• Other Dependents: Stepchildren, parents, and other dependents who relied on the deceased for financial support and who are not mentioned in the will can sometimes pursue a claim.‍
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Damages Available in a Wrongful Death Claim

A wrongful death claim seeks to compensate for the loss of life, both financially and emotionally. Damages that can be recovered include:

1. Damages Related to the Economy:
   1. Costs associated with the funeral and burial.
   2. The income and benefits of the deceased are no longer available.
   3. Worth of domestic work performed by the decedent.
      
2. The following pertains to non-economic damages:
   1. Distress of an emotional nature and deprivation of companionship.
   2. A lack of direction, assistance, and warmth.

Proving a Wrongful Death Claim

A plaintiff must prove these elements to win a wrongful death case:

1. Duty of Care: The defendant had a responsibility to act in a way that was safe and responsible.
2. Breach of Duty: The defendant did not fulfill that duty.
3. Causation: The death was directly caused by the breach.
4. Damages: The surviving family members incurred losses because of the death.

Statute of Limitations for Wrongful Death Claims in California

The law in California requires that wrongful death claims be filed by certain, specified dates.

• General Rule: Claims must be filed within two years from the date of death.
• Government Entities: If the defendant is a public entity, the claim must be filed within six months.
  

If you do not file within the statute of limitations, you may lose the right to obtain compensation.

Common Challenges in Wrongful Death Cases

Cases involving wrongful death can be steeped in both emotion and the law. Frequent hurdles consist of:

• Disputes About Responsibility: Defendants may deny responsibility or argue that the deceased contributed to the accident.
• Assessing Damages: A placing a dollar amount on the emotional anguish and future earning capacity of a person can be a very subjective and contentious issue.
• Numerous Claimants: Disagreements may develop among relatives about who has the right to be compensated.
  

These challenges can be met by a skilled attorney who builds a solid case, negotiates with insurers, and advocates for the family.

The Role of a Wrongful Death Attorney

It is essential to hire an attorney steeped in wrongful death case experience. They assist by:

• A thorough investigation to establish liability must be conducted.
• Figuring fair pay for losses that have an economic basis and those that don't.
• Negotiating or conducting court proceedings on behalf of the family.

Conclusion

The burden of losing a loved one is hard to bear, but the wrongful death laws in California provide a way to achieve both justice and compensation. When you comprehend your legal rights and work in tandem with a committed lawyer, you can achieve a memory-honoring result that brings the kind of support necessary for your family to embark on the healing process.

Contact the California Attorney Group for expert and compassionate care if you have lost a loved one because of another's negligence. To speak with someone about your situation and get their insight for free, call (310) 278-6666 or visit the website at California Attorney Group - Wrongful Death Claims.