Do I Have a Wrongful Death Case?
Few experiences are as devastating as losing a loved one unexpectedly, especially when the death was caused by another person’s negligence or wrongful act. In California, surviving family members may be entitled to seek justice and financial compensation through a wrongful death lawsuit. Understanding whether you have a valid case involves examining the circumstances of the death, determining who can file a claim, and identifying what damages may be available. For personalized advice tailored to your specific situation, contact the California trial attorneys at Kalfayan Merjanian, LLP, to speak with a skilled and compassionate California wrongful death attorney.
What Is a Wrongful Death Under California Law?
Under California Code of Civil Procedure § 377.60, a wrongful death claim arises when someone dies as the result of another person or entity’s wrongful conduct, whether negligent, reckless, or intentional. The purpose of a wrongful death lawsuit is to compensate surviving family members for the losses they have suffered as a result of the death, including both economic and emotional harm.
“Wrongful death” is a civil claim, separate from any criminal prosecution. For example, if a drunk driver causes a fatal car crash, the driver may face criminal charges for vehicular manslaughter and also be sued in civil court for wrongful death by the victim’s family. The civil case seeks compensation, not punishment. Conversely, a criminal conviction may lead to fines or jail time but does not directly compensate the victim’s family in most instances.
Common Situations That Give Rise to Wrongful Death Claims
Tragically, wrongful deaths occur in many different contexts. Some of the most common instances in California include:
- Motor vehicle accidents: Fatal car, truck, motorcycle, and pedestrian accidents often result from speeding, distracted driving, driving under the influence, or failure to obey traffic laws.
- Medical malpractice: A doctor, nurse, or hospital may be liable for a patient’s death caused by diagnostic errors, surgical mistakes, anesthesia errors, or medication mismanagement.
- Dangerous premises: Property owners may be held responsible when a person dies due to unsafe conditions, such as a fall from defective stairs, an assault stemming from lack of security, or exposure to hazards.
- Defective products: Manufacturers, distributors, and retailers can be liable if a faulty design or manufacturing defect causes a fatal accident or illness.
- Workplace accidents: Employers or third parties may be responsible when a worker is killed due to unsafe working conditions, faulty equipment, or lack of safety training.
- Dog bites and animal attacks: Severe attacks that lead to fatal injuries can form the basis of a wrongful death action under California’s strict liability dog bite law.
In each case, the key question is whether the death was caused by someone else’s negligence or misconduct. If so, the surviving family may have a valid claim.
Who Can File a Wrongful Death Claim in California?
Not everyone who was close to the deceased can bring a wrongful death lawsuit. California’s wrongful death statute strictly limits who may file a claim to the decedent’s surviving spouse or domestic partner, or the decedent’s children. If there are no surviving spouse or children, those entitled to inherit under intestate succession, such as parents or siblings, may be eligible. In some cases, financial dependents, such as stepchildren or parents, may also have standing to bring a claim if they relied on the deceased for financial support.
Because eligibility can be complex, it’s important to consult an attorney to determine who qualifies to bring a wrongful death action.
What Must Be Proven to Establish a Wrongful Death Claim?
To succeed in a wrongful death lawsuit, the plaintiff must prove that the defendant’s wrongful act or negligence caused the decedent’s death. This generally requires establishing the following:
- The defendant owed a duty of care to the deceased.
- The defendant breached that duty through negligent or intentional conduct.
- The breach caused the decedent’s death.
- The surviving family members suffered damages as a result.
Because the person who died cannot provide their own account of events, plaintiffs often must rely on witness testimony, accident reconstruction, expert analysis, and documentary evidence to establish what happened and why the defendant is legally responsible. This is one of the challenges often faced in pursuing justice after a wrongful death.
What Damages Are Recoverable?
California law allows eligible family members to recover both economic and non-economic damages in a wrongful death case. Economic damages may include, for example, the loss of the deceased’s financial support, the value of household services the deceased would have provided, and funeral and burial expenses. Non-economic damages, on the other hand, cover the emotional and relational harm caused by the loss, such as loss of love, companionship, comfort, and affection; loss of moral support and guidance; and emotional suffering of the surviving family members.
Punitive damages are not available in wrongful death actions in California, but they may be recoverable in a related survival action, which allows the deceased person’s estate to pursue claims the person could have brought had they lived. These claims can often be brought together since they involve the same parties and the same set of facts.
Statute of Limitations for Wrongful Death Claims in California
In most cases, California’s statute of limitations for wrongful death is two years from the date of death. Failing to file within that time can bar the claim completely. However, certain exceptions may apply, such as when the wrongful death was caused by medical malpractice or when the liable party is a government entity.
Because deadlines can vary depending on the facts of the case, it is essential to speak with an attorney as soon as possible after a fatal accident or medical incident.
Why You Need an Experienced Wrongful Death Attorney
Wrongful death claims are often complex and emotionally charged. Insurance companies and defense lawyers may try to minimize your losses or dispute liability. A knowledgeable California wrongful death attorney can investigate the cause of death and gather critical evidence, identify all liable parties and potential sources of recovery, work with experts to calculate the full value of your losses, handle all negotiations and court filings, and advocate for your family’s rights to ensure the responsible parties are held accountable.
At Kalfayan Merjanian, LLP, our skilled and compassionate attorneys help California families seek justice for their loved ones. We understand the emotional and financial toll that wrongful death causes and are committed to pursuing the compensation you deserve.
Talk to a California Wrongful Death Lawyer
If you’ve lost a loved one in an accident or due to someone else’s negligence in California, you may have a right to file a wrongful death lawsuit. Contact Kalfayan Merjanian, LLP, for a free consultation. Our experienced team can review your case, explain your legal options, and, if retained, fight for the justice your family deserves.
