The sudden loss of a family member leaves lasting emotional and financial effects. However, when someone’s death results from another party’s negligence or misconduct, certain surviving relatives may have the legal right to file a wrongful death claim. In California, this legal action allows families to seek compensation for the damages they have suffered as a result of the death.
What Qualifies as a Wrongful Death in California?
Under California law, a wrongful death occurs when an individual dies due to the negligence or wrongful act of another person or entity. Examples include distracted driving, failure to maintain safe premises, or the use of defective products. A wrongful death claim is distinct from a criminal case, which may be brought separately by the state.
The legal action must show that the responsible party owed a duty of care to the deceased, breached that duty, and directly caused the death as a result. Proving each of these elements is necessary for the case to proceed.
Who Has the Right to File a Wrongful Death Claim?
Not every person connected to the deceased may bring a wrongful death case. California Code of Civil Procedure Section 377.60 outlines the individuals who may file a claim: the deceased person’s surviving spouse or domestic partner, children, and, in some cases, grandchildren.
If none of these individuals exist, then those who would be entitled to the deceased person’s property under California’s intestate succession laws may file. This may include parents, siblings, and domestic partners.
What Types of Damages Are Recoverable?
Damages in a wrongful death case may include economic and non-economic losses. Economic losses refer to financial contributions the deceased would have provided, including income; other economic losses might be medical bills or funeral expenses. Non-economic damages may address emotional losses, including loss of companionship, guidance, and care.
California law does not place a cap on wrongful death damages in most cases, except in specific circumstances such as those involving medical malpractice. The calculation of damages depends on different factors, including the deceased’s age, occupation, life expectancy, and relationship to the claimants.
How Is Liability Determined in a Wrongful Death Case?
To hold a party liable in a wrongful death case, the claimant must show that the party acted with negligence or wrongdoing and that this action directly led to the death. Evidence may include accident reports, surveillance footage, eyewitness accounts, or expert testimony.
The court may consider a range of factors when determining liability, such as whether the responsible party violated traffic laws, workplace safety regulations, or product standards. California follows a pure comparative negligence system, which means damages may be reduced if the deceased was partially at fault, but compensation may still be awarded based on the other party’s degree of responsibility.
Can Multiple Parties Be Held Responsible?
Yes, more than one party can be held accountable for a wrongful death. For example, in a commercial trucking accident, both the driver and the company employing the driver may bear some level of responsibility. Similarly, in a medical error case, both the physician and the hospital could share liability.
Each defendant may be required to pay a portion of the damages according to their share of the fault. Determining how responsibility is divided is a critical part of pursuing fair compensation.
Let the Experienced Victorville Wrongful Death Lawyers at Lerner, Moore, Silva, Cunningham & Rubel Help You Pursue Justice
Our compassionate Victorville wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel can help after a fatal accident. For a free consultation, complete our online form or call 909-889-1131. Located in Ontario and Victorville, California, we serve clients in San Bernardino County, Ontario, Victorville, Hesperia, Apple Valley, Fontana, Rancho Cucamonga, Colton, and Riverside County.
Disclaimer | Privacy Policy | SMS Terms & Conditions
Making a false or fraudulent workers’ compensation claim is a felony subject to up to five years in prison or a fine of up to $50,000 or double the value of the fraud, whichever is greater, or by both imprisonment and fine. The information contained on this website does not guarantee, warranty, or predict the outcome of your case.