California Wrongful Death Lawyers

What is a Wrongful Death Claim?

As previously mentioned, a wrongful death claim is a legal action brought by the surviving family members or beneficiaries of a deceased person against a party whose negligent, reckless, or intentional actions caused the death. It is a civil lawsuit seeking monetary compensation for the damages and losses suffered as a result of the death.

Wrongful death claims aim to provide financial support to the surviving family members and hold the responsible party accountable for their actions. Compensation in a wrongful death claim may cover medical expenses, funeral costs, loss of income, loss of companionship, and emotional distress.

Who Can File a Wrongful Death Claim in California?

In California, the following individuals are generally eligible to file a wrongful death claim:

Spouse of Domestic Partner

The deceased person’s surviving spouse or registered domestic partner has the first right to file a wrongful death claim.

Children

If there is no surviving spouse or domestic partner, the deceased person’s surviving children may file a wrongful death claim.

Dependent Minor Children

If the deceased person has surviving dependent minors, such as children who were financially dependent on the deceased, they may also have the right to file a wrongful death claim.

Putative Spouse and Children

In certain cases, a putative spouse (someone who had a good faith belief in a valid marriage or domestic partnership) and their children may be eligible to file a wrongful death claim.

Parents

If the deceased person does not have a surviving spouse, domestic partner, or children, the parents of the deceased person may have the right to file a wrongful death claim.

Common Accidents That Cause Wrongful Death

Wrongful deaths can occur in various circumstances and accidents caused by negligent actions. Some common accidents that can lead to wrongful death include:

1. Car accidents – Fatalities resulting from auto accidents, including collisions involving cars, motorcycles, bicycles, pedestrians, or commercial vehicles. The Centers for Disease Control and Prevention (CDC) reports that traffic crashes are the leading cause of death in America for individuals between the ages of 1 to 54.
2. Medical malpractice – Deaths caused by medical negligence, such as surgical errors, misdiagnosis, medication errors, or failure to provide proper care.
3. Workplace accidents – Fatal accidents occurring in the workplace, such as construction accidents, falls from heights, exposure to hazardous substances, or machinery malfunctions.
4. Product liability – Deaths caused by defective products, including faulty machinery, dangerous medications, or defective vehicles.
5. Premises liability – Fatal accidents that occur on someone else’s property due to hazardous conditions, inadequate maintenance, or negligent security, leading to incidents like slips and falls, swimming pool accidents, or fires.
6. Motorcycle accidents – Motorcycle riders are more exposed and less visible than larger vehicles, making them susceptible to collisions with cars, trucks, or other vehicles. Factors like driver negligence, failure to yield the right of way, distracted driving, or impaired driving can lead to fatal motorcycle accidents.

It’s important to remember that each case is unique, and the circumstances surrounding a wrongful death can vary. Consulting with experienced wrongful death lawyers is crucial for understanding the specific legal ramifications of a particular case.

Recoverable Damages in a Wrongful Death Claim

In a wrongful death claim, the types of recoverable monetary damages can vary depending on the jurisdiction and specific circumstances of the case. As the injured party, you may be eligible for the following economic and non-economic damages:

1. Economic damages – These are quantifiable financial losses incurred by the surviving family members as a result of the death. They may include:

• Medical costs
• Loss of financial support
• Loss of potential inheritance
• Loss of benefits, such as pensions or insurance coverage
• Burial costs
• Funeral expenses

2. Non-economic damages – These are subjective losses that are more challenging to quantify in monetary terms. They may include:

• Pain and suffering endured by the deceased before death
• Loss of companionship
• Loss of consortium
• Loss of parental guidance
• Loss of enjoyment of life

3. Punitive damages – In some cases, punitive damages may be awarded in addition to compensatory damages. Punitive damages are intended to punish the defendant for particularly egregious conduct and to deter similar behavior in the future.

How Can a Wrongful Death Lawyer Help You?

Wrongful death lawyers can provide crucial assistance if you have lost a loved one due to someone else’s negligence, misconduct, or intentional act. Here are some ways a wrongful death lawyer can help you:

• Legal guidance – Wrongful death laws vary from jurisdiction to jurisdiction, and navigating the legal complexities can be overwhelming. A wrongful death lawyer has a deep understanding of these laws and can provide you with expert guidance throughout the entire process.
• Investigation – Wrongful death cases often require a thorough investigation to gather evidence of negligence and establish liability. An experienced attorney can help investigate the circumstances surrounding the death, gather relevant documents, interview witnesses, and work with experts to build a strong case.
• Identifying liability – Determining the party responsible for the wrongful death is crucial. A lawyer can help identify all potentially liable parties, such as individuals, corporations, or government entities, and hold them accountable for their actions or negligence.
• Compensation assessment – Wrongful death attorneys can assess the types of damages you and your family may be entitled to. They can help you understand the potential compensation available, such as medical bills, burial expenses, lost income, loss of companionship, and emotional distress.
• Negotiation and settlement – In many cases, wrongful death claims are resolved through negotiations with insurance companies or the at-fault party’s legal representation. A skilled wrongful death lawyer can negotiate on your behalf to seek a fair settlement that adequately compensates you for your loss.
• Court representation – If a fair settlement payout cannot be reached through negotiation, your lawyer can file a wrongful death lawsuit for you and represent you in court. They will present your case, argue on your behalf, and provide strong advocacy to maximize your chances of obtaining a favorable outcome.

Overall, a wrongful death lawyer serves as your advocate, working diligently to protect your rights and seek justice for the untimely loss of your loved one.

Contact a Wrongful Death Lawyer Today!

If you have lost a loved one due to the actions of a negligent party, you may be eligible to file a claim and recover the rightful compensation for their injuries and damages on their behalf.

You must hold the liable party responsible for their actions and recover the justice and fair compensation your loved one deserves.

At Farahi Law Firm, we are dedicated to helping clients navigate through the complex legal process and protecting their interests from insurance adjusters who may wish to lower the value of their claim.

We work on a contingency fee basis. This means you won’t have to pay us a single cent unless we win your case. Contact us at (844) 824-2955 for a free case consultation. We are available 24/7!