When a family loses a loved one due to someone else’s negligent or intentional actions, the emotional devastation can feel overwhelming. During this difficult time, families often face mounting medical bills, funeral expenses, and lost income while grieving their loss. These legal matters involve proving that negligence directly caused the death of your loved one. Wrongful death cases require thorough investigations, considerable legal experience, and compassionate representation. 

Our San Jacinto wrongful death lawyers at Lerner, Moore, Silva, Cunningham & Rubel (LMSCR) are closely familiar with these kinds of sensitive cases and work diligently to protect the rights of grieving families throughout the region. We understand that no amount of money can replace your loss, but financial recovery can help provide stability during this difficult time and hold responsible parties accountable for their actions.  

What Constitutes a Wrongful Death Case?

A wrongful death occurs when a person dies due to the legal fault of another person or entity. This legal concept allows surviving family members to pursue compensation for their losses when their loved one’s death resulted from negligence, recklessness, or intentional harm. Common scenarios include fatal car accidents caused by drunk or distracted drivers, medical malpractice incidents, defective products, workplace accidents, and violent crimes.

The key element in any wrongful death claim is establishing that the death would not have occurred but for the defendant’s actions or failure to act. This requires demonstrating a direct causal relationship between the defendant’s conduct and the fatal outcome.  

Who Can File a Wrongful Death Lawsuit in California?

The deceased person’s surviving spouse, domestic partner, and children have the primary right to bring these claims. If the deceased had no surviving spouse or children, then the parents may file the lawsuit.  

Stepchildren may also qualify if they can demonstrate that the deceased person would have been legally obligated to support them. The law recognizes that different family structures exist and attempts to protect those who genuinely relied on the deceased for financial support. However, determining eligibility can become complicated when multiple potential claimants exist or when family relationships are disputed.

What Damages Are Available in Wrongful Death Cases?

California law allows surviving family members to recover both economic and non-economic damages in wrongful death cases. 

Economic damages include the financial support the deceased would have provided throughout their expected lifetime, including lost wages, benefits, and other monetary contributions to the household. These calculations often require economic testimony to project future earnings based on the deceased person’s age, health, education, and career trajectory.

Non-economic damages compensate survivors for their loss of companionship, guidance, and emotional support. These damages recognize that family relationships provide value beyond monetary contributions. The law also allows recovery of funeral and burial expenses incurred as a direct result of the death. In cases involving particularly egregious conduct, punitive damages may also be available to punish the wrongdoer and deter similar behavior.

How Long Do I Have to File a Wrongful Death Claim?

California’s statute of limitations for wrongful death cases is generally two years from the date of death. This deadline is strictly enforced, and failing to file within this timeframe typically results in the permanent loss of the right to pursue compensation. However, certain circumstances may extend or modify this deadline, such as when the cause of death was not immediately apparent or when criminal proceedings are involved.

The discovery rule may apply in cases where the wrongful conduct was not immediately known. For instance, if medical malpractice caused a death but the malpractice was not discovered until later, the statute of limitations may begin running from the date of discovery rather than the date of death. Given the strict nature of these deadlines and potential exceptions, consulting our San Jacinto wrongful death lawyers promptly after a loss is important for protecting your legal rights.

What Evidence Is Needed to Prove a Wrongful Death Case?

Successful wrongful death cases require substantial evidence to prove liability and damages. Medical records, autopsy reports, and coroner findings often form the foundation of these cases. Witness statements, photographs from the scene, and accident reconstruction reports may also be necessary, depending on the circumstances of the death. In medical malpractice cases, medical records and testimony from healthcare professionals are typically required.

Financial documentation becomes important for calculating economic damages  in wrongful death cases. Pay stubs, tax returns, employment records, and benefit statements help establish the deceased person’s earning capacity and financial contributions to the family. Personal testimony from family members about their relationship with the deceased and the impact of the loss also play significant roles in demonstrating non-economic damages.

Can I Still File a Claim if the Deceased Person Was Partially at Fault?

California follows a comparative negligence rule, which means that a wrongful death claim may still be viable even if the deceased person bore some responsibility for the incident that caused their death. Under this system, any recovery is reduced by the percentage of fault attributed to the deceased person. For example, if the deceased was found to be 20 percent at fault for a fatal car accident, the family’s recovery would be reduced by 20 percent.

This legal principle recognizes that accidents often involve multiple contributing factors and allows families to recover compensation even when their loved one made some mistakes. However, the defendant will likely argue that the deceased person’s actions were the primary cause of the accident to minimize their own liability. Our San Jacinto wrongful death lawyers’ investigation and legal representation become particularly important in these contested cases.

Contact Our Experienced San Jacinto Wrongful Death Lawyers at LMSCR Today

The death of a loved one is one of life’s most devastating experiences. At LMSCR, our San Jacinto wrongful death lawyers provide compassionate legal representation. 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.