Losing someone you love to wrongful death is one of the hardest experiences a family can face. When that loss happens because of someone else’s careless or reckless actions, the pain can feel even deeper.
A wrongful death happens when a person dies because another person or entity (like a company or government agency) acted negligently, recklessly, or with the intent to cause harm. Under California wrongful death laws, certain family members can file a civil lawsuit to seek financial compensation for their losses.
Our team has helped families across California through some of their most challenging losses. Contact us today for your free, no-risk consultation if you want to learn more about wrongful death laws.
Under California Code of Civil Procedure § 377.60, a wrongful death occurs when someone dies because of “the wrongful act or neglect of another.”
The word “neglect” in the law refers to the legal concept of negligence. Negligence means someone failed to act with reasonable care. In simple terms, they did not act the way a careful and reasonable person should have.
Wrongful death cases can arise from many types of incidents, including:
If the person who passed away would have been able to file a personal injury lawsuit had they survived, their family may now have the right to file a wrongful death claim.
Accidental deaths, also called unintentional injury deaths, are tragically common. Many, but not all, can lead to wrongful death claims.
According to the U.S. Centers for Disease Control and Prevention (CDC), there were approximately 222,698 deaths from unintentional injuries in the United States in the most recent reporting year. These deaths include motor vehicle accidents, falls, poisonings, drownings, and other preventable events that take place each year.
California wrongful death laws define who can file a claim. Typically, the following people may bring a wrongful death lawsuit:
If none of these individuals are options, other heirs who would inherit under California succession laws may qualify.
In some cases, financially dependent stepchildren or parents may also have rights.
Various people might have a right to compensation after a wrongful death, but they can’t all file separate claims. Any wrongful death lawsuit in California must include everyone who is entitled to compensation and chooses to participate in the claim.
Determining eligibility to file can be complex, which is why it’s essential to speak with a California wrongful death attorney if you believe you might have a valid claim.
To succeed in a wrongful death lawsuit in California, you and your attorney will have to prove four legal elements:
For example, drivers have a duty to operate their vehicles safely. If a driver speeds or drives under the influence and causes a fatal accident, that can represent a breach of the duty of care.
California also follows a comparative fault rule. This means compensation may be reduced if the deceased person was partially responsible for the incident that caused their death. For example, if a deceased person was speeding when they were hit and killed by a drunk driver, that might reduce—but not necessarily eliminate—the amount of potential compensation.
BLOG: Wrongful Death Lawsuits and the Role of a Personal Injury Attorney
Damages in a wrongful death case are meant to compensate surviving family members for both financial and personal losses.
These damages may include a range of losses in two categories:
Economic damages
Non-economic damages
In some cases, a deceased person’s loved ones may be able to file a separate but related claim called a survival action. A survival action seeks compensation for damages the deceased person suffered between the time they were injured and their death. Those damages might include medical bills or pain and suffering under certain conditions.
An experienced California wrongful death attorney can explain whether you might be able to file a survival action for financial compensation.
In most California cases, the statute of limitations for wrongful death is two years from the date of death. If you miss this deadline, you may lose your right to file a lawsuit.
Certain cases, such as those involving government entities or medical malpractice, may have shorter deadlines. Speak with a wrongful death attorney as soon as possible to protect your claim and your rights.
No. A wrongful death lawsuit is a civil case. It is separate from any criminal charges the responsible party may face.
For example, someone may face criminal charges for DUI manslaughter. At the same time, the family may file a wrongful death civil lawsuit seeking compensation.
The two cases are independent of each other.
Wrongful death cases can become complex very quickly. Insurance companies often try to reduce payouts or deny responsibility. During a time of grief, dealing with legal paperwork and insurance negotiations can feel overwhelming.
An experienced California wrongful death attorney can:
You deserve compassionate guidance and advocacy after the loss of a loved one. That’s why we approach every wrongful death case with care, respect, and dedication.
A wrongful death happens when someone dies because another person or entity (like a company) acted carelessly or wrongfully. California law allows certain family members to seek compensation for their losses in these cases.
Compensation is usually distributed among eligible surviving family members, such as the deceased person’s spouse or children, according to California law.
A wrongful death claim compensates family members for their losses. A survival action seeks damages the deceased person suffered after they were injured but before they passed away.
The timeline varies. Some cases settle within months. Others may take longer if they go to trial. We always aim to resolve a case as quickly as we can, but insurance companies frequently refuse to provide families with fair compensation without the trial or the threat of a trial.
You can still file a wrongful death lawsuit. A civil case does not require criminal charges.
No amount of money can replace your loved one. But pursuing a wrongful death claim can help provide financial stability and a sense of justice. We’re here to help you take the next step forward.
Call Maurer Law today at (530) 745-6861 or fill out our online contact form to schedule your free, no-risk consultation.
The content provided here is for informational purposes only and should not be construed as legal advice on any subject.
