Wrongful Death

Compassionate Support During Your Most Difficult Time

Losing a loved one due to someone else's negligence or wrongful act is devastating. While no amount of money can replace your loss, California law provides a path to seek justice and financial security for your family. AskLitigation is here to guide you through this difficult process with compassion and expertise.

Wrongful death claims arise from various circumstances including car accidents, motorcycle accidents, medical malpractice, and premises liability incidents.

What Qualifies as Wrongful Death in California?

Under California law, wrongful death occurs when:

• A person dies due to another's negligence or wrongful act
• The death was caused by conduct that would have entitled the victim to file a personal injury claim
• Surviving family members suffer monetary losses as a result

Common causes include vehicle accidents, medical malpractice, workplace accidents, defective products, and criminal acts.

Who Can File a Wrongful Death Claim in California?

California law strictly defines who can bring a wrongful death claim:

Primary claimants:

• Surviving spouse or domestic partner
• Surviving children
• If no spouse or children, anyone entitled to the property by intestate succession

Secondary claimants (if no primary claimants exist):

• Parents
• Siblings
• Stepchildren (if dependent)
• Putative spouse
• Parents of a putative spouse (if dependent)

All eligible parties typically must join in a single lawsuit.

California's Wrongful Death Laws

Key aspects of California wrongful death law:

• Statute of Limitations: Two years from the date of death
• One Action Rule: Only one wrongful death lawsuit can be filed
• No Punitive Damages: Generally not available in wrongful death cases
• Survival Action: Separate claim for damages the deceased suffered before death

Understanding these laws is crucial for protecting your family's rights.

Damages Available in Wrongful Death Claims

California allows recovery for:

Economic Damages:

• Loss of financial support the deceased would have provided
• Loss of gifts and benefits expected from the deceased
• Funeral and burial expenses
• Loss of household services value

Non-Economic Damages:

• Loss of love, companionship, comfort, and affection
• Loss of guidance and training
• Loss of sexual relations (for spouses)
• Loss of consortium

The value depends on factors like the deceased's age, health, earning capacity, and life expectancy.

Proving a Wrongful Death Claim

To succeed, you must prove:

1. Duty of Care: The defendant owed a duty to your loved one
2. Breach: The defendant breached that duty through negligence or wrongful conduct
3. Causation: The breach directly caused the death
4. Damages: You suffered measurable losses as a result

Evidence may include accident reports, medical records, expert testimony, and financial documents.

Steps to Take After a Wrongful Death

If you've lost a loved one due to another's negligence:

1. Secure immediate needs - Funeral arrangements and family support
2. Preserve evidence - Don't dispose of belongings related to the death
3. Obtain death certificate - Multiple certified copies needed
4. Gather documents - Medical records, police reports, witness information
5. Document losses - Track funeral expenses and lost income
6. Avoid quick settlements - Insurance companies may offer inadequate amounts
7. Consult an attorney - Protect your rights and maximize recovery

Time Limits and Important Deadlines

California has strict deadlines:

• Two years from date of death for wrongful death claims
• Six months for government entity claims (with specific notice requirements)
• Discovery rule exceptions - Rare cases where the cause wasn't immediately known

Missing deadlines can bar your claim permanently, making prompt action essential.

Common Challenges in Wrongful Death Cases

Families often face obstacles including:

• Complex liability questions
• Multiple potentially responsible parties
• Insurance company tactics to minimize payment
• Disputes among family members
• Difficulty proving future economic losses
• Emotional toll of litigation

Experienced legal representation helps navigate these challenges.

Frequently Asked Questions About California Wrongful Death Claims

Can I file a wrongful death claim if my loved one was partially at fault?

Yes, California's comparative negligence law applies. Recovery is reduced by the deceased's percentage of fault, but the claim isn't barred unless they were 100% at fault.

What's the difference between wrongful death and survival actions?

Wrongful death compensates family members for their losses. Survival actions recover damages the deceased could have claimed if they survived, like pain and suffering before death.

Can we recover punitive damages in a wrongful death case?

Generally no, except in cases involving felony homicide. However, a survival action may include punitive damages if the deceased could have recovered them.

How are wrongful death settlements divided among family members?

Distribution depends on who files the claim and their losses. The court considers each person's financial dependency and relationship with the deceased.