The loss of a loved one is never easy, but when that loss is caused by someone else’s negligence, recklessness, or intentional actions, it just feels senseless. That’s why understanding California wrongful death laws is critical if you find yourself in this heart-wrenching situation. From what elements need to be present to have a case to how to prove the defendant is responsible for the death of your loved one, here’s everything you need to know.
Wrongful deaths can happen anywhere. Whether it is a family filing a claim against a California power company because of a wildfire or a family filing a claim after a shootout in Roseville Park, legal help is necessary.
What Is Wrongful Death in California?
Wrongful death happens when someone dies because of another person or entity’s actions or carelessness. In California, family members of the deceased may be able to file a wrongful death claim to seek compensation. The person at fault could be a driver involved in a fatal car crash, a doctor whose error led to death, or even a company that made a dangerous product that caused harm.
Elements of a Wrongful Death Claim
Filing a wrongful death claim in California requires proving several key elements to make a solid case. The plaintiff, usually a surviving family member, must showcase the following:
- -Negligence or fault. The defendant must have either been negligent, reckless, or found to have intentionally caused harm. For instance, if someone dies because of a car accident caused by a driver running a red light, the driver’s negligence is at the core of the case.
- -Causation. The death has to be linked to the defendant’s actions. For example, if a construction worker is killed on the job due to poorly maintained equipment, the wrongful death claim would focus on the company’s responsibility to maintain safe working conditions.
- -Damages. The surviving family members must demonstrate that they’ve suffered because of the death. These damages can include loss of companionship, financial support, and funeral costs.
While each case is unique, knowing what needs to be proven can help you navigate this difficult journey and seek the justice your family deserves. If you’re considering a wrongful death claim, it’s important to consult with an experienced wrongful death attorney who can guide you from consultation to resolution.
Types of Damages in Wrongful Death Cases
In a wrongful death case, damages are awarded to help compensate for the financial, emotional, and physical toll caused by the death. While no amount of money can replace a lost loved one, understanding the types of damages available can help you better understand what you might be entitled to and set realistic expectations. In California, there are two main types of damages to pursue, and they are:
- -Economic Damages. These are tangible, quantifiable losses, such as medical bills, funeral expenses, lost wages, and loss of support.
- -Non-Economic Damages: These damages account for intangible losses, including the loss of companionship, emotional distress, and the pain and suffering the surviving family members experience after the death.
In a wrongful death claim, damages are designed to provide some sense of relief and justice for those who have suffered an unimaginable loss. From covering financial costs like medical bills to addressing the emotional toll, these damages aim to help survivors begin to heal.
How to Prove a Wrongful Death Claim in California
Proving a wrongful death claim in California is a complicated process that requires establishing several key elements to hold the responsible party accountable. It’s not just about proving your loved one’s death was tragic; it’s about demonstrating that someone’s negligence directly caused it. This often includes:
- -Eyewitness Testimony. Statements from individuals who witnessed the accident or death.
- -Medical Records. Documentation of the deceased’s injuries and the cause of death.
- -Professional Testimony. Professional opinions, like accident reconstructionists or medical professionals, can showcase how the defendant’s actions directly led to the death.
While it may seem overwhelming, having an experienced attorney by your side can help make sure all necessary steps are taken to build a compelling case. If you believe you have a wrongful death claim on your hands, it’s important to act quickly and consult with a legal professional who can guide you through the process and help you seek the justice your family deserves.
FAQs
Can I File a Wrongful Death Claim If My Loved One Was Killed by a Government Entity?
Yes, it’s possible to file a wrongful death claim against a government entity in California. However, there are strict procedures and deadlines that must be followed. You must typically file a claim against the government within six months of the incident. If you miss the time frame, you could lose the ability to seek compensation. An experienced attorney can help.
Can I Still File a Claim If the Deceased’s Death Was Partly Their Fault?
Yes, California follows comparative fault laws. This means that even if the deceased was partly responsible for their own death, you can still file a claim, but any damages awarded are then reduced based on their degree of fault. For example, if the deceased was found 20% at fault, the compensation awarded would be reduced by 20%.
What If the Responsible Party Can’t Afford to Pay for My Damages?
If the defendant can’t afford to pay for your damages, you may be able to recover damages through your own insurance policies, like underinsured motorist coverage if the death occurred due to a car accident. In some cases, a claim can also be brought against a responsible third party, like an employer. The only way to definitively determine where to pursue compensation is to consult with an experienced attorney.
Are Punitive Damages Available in Wrongful Death Cases in California?
In certain cases, California law allows for punitive damages in wrongful death claims. These damages are meant to punish the defendant for being especially negligent or reckless and to deter others from engaging in similar behavior. However, punitive damages are only available in cases involving gross negligence or intentional misconduct.
The Importance of Legal Representation in Wrongful Death Cases
Wrongful death cases can be complicated, especially when multiple parties or complex legal issues are involved. That’s why it’s crucial to have a seasoned attorney who understands California’s wrongful death laws on your side.
At Kenneth M. Sigelman & Associates, we’re committed to advocating for victims’ families and ensuring they receive the compensation they deserve. Contact us today to speak with a member of our legal team.
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