Losing a loved one under circumstances that could have been avoided can be devastating. Grieving families may experience anger, sadness, confusion, and other difficult emotions as they try to make sense of the senseless. This process is further compounded when dealing with a complex legal system that they never expected to deal with.
California wrongful death claims help provide financial compensation to families and dependents who receive it from the at-fault party who is legally responsible for their loved one’s death. An experienced wrongful death lawyer from Belal Hamideh Law, P.C. can guide you compassionately through the legal process of seeking justice and accountability. Contact us today for a free and confidential case review.
What Is a Wrongful Death Claim in California?
California’s wrongful death statute defines a wrongful death as a death “caused by the wrongful act or neglect of another.” A wrongful death claim is a legal cause of action arising out of this type of death, asserted against the person, business, or government agency responsible for the death. The law limits who can file and benefit from this type of legal action, which seeks compensation for the losses certain eligible individuals sustain due to the death.
Who Can File a Wrongful Death Case in California?
California’s wrongful death law limits who can file a wrongful death case, but the law provides for more eligible parties than many other states. According to California Code of Civil Procedure Section 377.60, eligible parties may include the following:
- The decedent’s surviving spouse, domestic partner, children, or grandchildren
- If there are no surviving children or grandchildren, the surviving spouse, domestic partner, or other individuals who would be entitled to the decedent’s property if they died with no will
- The parents of the decedent or their legal guardians, if they are deceased
- The putative spouse, children of the putative spouse, and stepchildren, if they were financially dependent on the decedent
- The decedent’s personal representative
- A minor who had resided for at least six months before the decedent’s death with them if they were dependent on them for at least one-half of their financial support
In California, it is up to the family to determine how to divide the proceeds they win in a wrongful death case. If they cannot agree, the court can step in and determine how to divide the winnings, usually awarding a greater share to those more closely related to the decedent.
Damages in Wrongful Death Claims in California
Damages represent the losses that the beneficiaries of the wrongful death action sustain due to the wrongful death. Our Long Beach wrongful death attorneys can identify all of the damages that your family may be entitled to, such as:
- Medical expenses: Ambulance rides, emergency medical treatment, hospitalization, and other final medical expenses related to the decedent’s cause of death
- Funeral expenses: Reasonable funeral costs and burial expenses
- Loss of financial support: The victim’s lost income, including their projected lifetime earnings
- Non-economic damages: Loss of love, companionship, affection, moral support, training, guidance, sexual relations, consortium, and other emotional losses
Insurance adjusters will try to limit the financial compensation your family recovers, but our seasoned personal injury attorneys are here to demand what you deserve.
How to Prove a Wrongful Death Case in California
Because wrongful death can be based on different legal theories, what you must prove differs in each type of case. However, negligence is one of the most common legal arguments asserted in these types of cases. Here is an example of what you would need to prove in a wrongful death case based on an auto accident:
- Duty of care: The duty of care is the defendant’s legal responsibility that they owed to your loved one. In a car accident case, the defendant’s legal duty was to follow all traffic laws, avoid collisions with others, and drive in a reasonably safe manner.
- Breach of duty: A breach of duty is what the defendant did to violate the duty of care, such as speeding, driving under the influence of drugs or alcohol, or texting while driving.
- Causation: The defendant’s breach of duty must be the direct and legal cause of death. For example, the car crash wouldn’t have happened but for the defendant’s speeding, drinking, or texting.
- Damages: Damages are the losses that you and your family experienced due to the death, such as burial costs and the emotional toll the death has had on you.
If you file a civil lawsuit, you will have the burden to prove that the defendant’s negligent or reckless actions caused your loved one’s death with proof by the preponderance of the evidence. Our trial lawyers can help assemble compelling evidence to meet this evidentiary burden, including the following:
- Accident reports, police reports, and incident reports that detail the accident that ultimately killed your loved one
- Medical records that connect your loved one’s death to the defendant’s negligent actions
- The death certificate and autopsy reports that describe the cause of death
- Photos or video footage of the accident scene
- Vehicle data from event data recorders
- Maintenance and inspection records
- Personnel records
- Cell phone records
- Witness statements
- Reports from accident reconstructionists
Who Is Responsible for a Wrongful Death in California?
It’s not always easy to determine who is responsible for a wrongful death. For example, in a car accident case, you might not only look to the other driver. A vehicle manufacturer could be responsible if a vehicle defect contributed to the accident. An employer could be responsible for a death if the defendant was working at the time of the accident.
Potential parties that may be responsible for wrongful death could include any of the following:
- Negligent drivers of passenger vehicles, buses, or commercial trucks
- Medical professionals (in medical malpractice cases)
- Property owners (in premises liability cases)
- Businesses and employers
- Construction companies, general contractors, and subcontractors
- Nursing homes, hospitals, and other medical settings
- Product manufacturers (in product liability claims)
- Dog owners
- Government agencies that failed to maintain public property or were involved in claims involving public employees
Our experienced Los Angeles County personal injury attorneys can conduct a thorough investigation to identify all at-fault parties and legal theories to hold others responsible for your loved one’s death to maximize your compensation.
California’s Wrongful Death Statute of Limitations
The statute of limitations sets the time limit to take certain legal action in a case, such as filing criminal charges or a lawsuit. Under the California wrongful death statute of limitations, you have two years to file a wrongful death case. Unlike with personal injury lawsuits, the statute begins on the day of your loved one’s death, not the date of the accident, if different.
However, there are times when you may have more or less time to file your case. For example, the statute of limitations can be tolled or paused until the cause of the accident is reasonably discovered. However, if your case is against a government agency, you may be subject to stricter deadlines.
If you don’t file your case within the applicable statute of limitations, you can forfeit your right to recover compensation and seek justice through the civil court system. Protect your rights by contacting Belal Hamideh Law, P.C. today for a free initial consultation.
Differences Between a Survival Case and a Wrongful Death Case
In wrongful death litigation, there are generally two paths available: wrongful death cases and survival actions. Here are the main differences between these two:
- Purpose: Both types of cases seek compensation following a person’s death. However, wrongful death actions focus on compensating for the plaintiffs’ losses, while survival cases focus on compensating the decedent’s estate.
- Plaintiff: As explained above, various people can file a wrongful death case. A survival action must be filed by the decedent’s personal representative or successor in interest.
- Recipient: Eligible family members receive the proceeds of a wrongful death case, while the decedent’s estate receives survival action proceeds. Survival action cases can help pay final expenses, with any remaining funds going to the beneficiaries or heirs at law.
- Damages: The damages in wrongful death cases focus on providing compensation for the long-term economic and non-economic damages to the recipients. Damages in survival actions are limited to those sustained in the finite period between the accident and the victim’s death, such as property damage, lost wages between the time of hospitalization and death, and impairment.
Some cases support both types of cases. An experienced wrongful death attorney in Long Beach, California, can help determine the right legal solution for you and your family.
Common Causes of Wrongful Death in Long Beach
Wrongful death cases can arise out of intentional acts, such as homicide, but they are more common in cases involving negligence, such as traffic accidents. The personal injury law firm of Belal Hamideh Law can help if your loved one was killed in any of the following incidents:
- Motor vehicle accidents, including car collisions, motorcycle crashes, and truck accidents
- Pedestrian accidents
- Bicycle accidents
- Bus accidents
- Slip & fall accidents
- Premises liability accidents
- Dog bites
- Wildfires
- Construction accidents
- Workplace accidents
- Product liability accidents
- Nursing home abuse
- Child abuse
- Environmental contaminants
If you’d like to learn whether you have a viable wrongful death case, contact our personal injury law firm today for a free consultation.
Contact Belal Hamideh Law for a Free Consultation
If you have recently lost a loved one, you are likely experiencing grief and complex emotions. While you might not be thinking about legal actions at the moment, it’s important that you act quickly to protect your legal rights to hold the party responsible for your loved one’s death legally accountable.
The experienced legal team at Belal Hamideh Law, P.C. can review your situation during a confidential consultation, conduct a thorough investigation, gather evidence to prove fault and the full extent of your losses, and protect your legal interests throughout the process. We are ready to stand up for you and your loved one. Complete our contact form today to arrange a free case review.