The death of a loved one is always horrific. However, it is especially difficult if your loved one dies due to someone else’s negligent or reckless actions. That’s why California law allows certain individuals the right to seek justice on behalf of victims.
At the May Firm, we want to help anyone who loses a loved one due to another person’s carelessness. But what legal rights – and responsibilities – might you have if you wish to claim? Below, our lawyers explain what you need to know.
What Is a Wrongful Death Claim?
A wrongful death claim is a type of civil lawsuit. It’s brought by certain family members when someone dies due to another party’s wrongful acts or negligence.
What is a “wrongful” act? Essentially, it’s when a person (or company) does something which falls below the standard of care expected of them. Examples of circumstances which may give rise to wrongful death claims include:
- Careless driving e.g. drunk driving, speeding, driving fatigued
- Medical malpractice e.g. wrong diagnosis
- Fatal workplace accident e.g. due to failure to maintain a safe environment
- Product liability claims e.g. due to a faulty product design
Wrongful deaths can occur in any setting, from the office to an elderly care facility. What matters is that the death is directly linked to another person’s wrongful or careless actions.
Who Can File a Wrongful Death Lawsuit in California?
Only some surviving family members have the legal right to sue for wrongful death. In California, the following individuals have the legal right to claim:
- Spouse
- Children
- Domestic partner
- Grandchildren (if the victim has no surviving children)
- Anyone else who is entitled to part of the victim’s estate through succession law
The estate executor, or representative, can bring a claim on behalf of these individuals.
Wrongful Death vs. Criminal Charges
To be clear, a wrongful death claim is not the same as a criminal case.
- Criminal penalties include fines, a criminal record, and jail time. Civil penalties are usually restricted to financial penalties i.e. compensation.
- The standard of proof for a criminal charge is “beyond a reasonable doubt”. The civil standard of proof is “preponderance of the evidence”. Civil claims can be easier to prove.
- You can have both a civil and criminal case for the same matter. The outcome of one does not determine the outcome of the other.
Our wrongful death attorneys can explain what type of claim is appropriate in your case.
Wrongful Death Damages in California
Technically, there’s no cap on how much you can sue for. It all depends on a claim’s unique value. But surviving family members can claim economic and non-economic damages.
Economic damages include:
- Medical bills
- Funeral costs
- Lost income
- Lost future income/lost future financial support
And non-economic damages include:
- Loss of companionship and sexual relations
- Loss of training, guidance, and support
- Compensation for the victim’s own pain, suffering, and disfigurement
Sometimes, you might also be awarded punitive damages. These are designed to punish the wrongdoer, rather than just compensate the victim’s loved ones. However, such damages are rare and usually restricted to very complex cases.
Damages can be hard to quantify. Your attorney can provide a fair valuation of what your claim is worth after reviewing the evidence.
What Must You Prove in a Wrongful Death Claim?
Although you may have the right to pursue compensation, you have the responsibility of proving your claim. In CA, a successful wrongful death claim means proving that:
- Someone (or a company) owed your loved one a duty of care e.g. doctor, employer, driver
- The other party acted negligently or wrongfully i.e. they broke this duty of care
- Your loved one died due to injuries caused by this party’s wrongful or negligent acts
To prove the relevant “causal” link between death and negligence, you will require evidence including:
- Medical records
- Accident reports
- Photographs
- Dashcam footage
- CCTV
It’s your responsibility, as the plaintiff, to build a strong case and to sue the right individuals. But when you hire the May Firm, we shoulder this burden for you. Our attorneys will manage your case from start to finish and walk alongside you throughout the entire process.
Time Limits for Wrongful Death Claims
When you lose a loved one, it can feel like time stands still. But unfortunately, the legal “clock” keeps ticking. This is due to the statute of limitation.
In California, you usually only have two years from the date of death to file a wrongful death claim.
There are exceptions to this rule. For example, in medical malpractice claims, you may have up to three years from the date of death. And in some cases, the clock doesn’t start ticking until the surviving family know about the victim’s death.
As a plaintiff, it becomes your responsibility to bring a claim in time. Otherwise, you could lose the right to seek justice on your loved one’s behalf. But don’t worry. This is where we can help.
If you think you have a wrongful death lawsuit in California, consult us immediately.
The Wrongful Death Claim Process
If you’ve never made a civil claim before, the process can seem overwhelming. While our wrongful death attorneys will guide you through the entire procedure, here is an outline of the main steps.
- Initial Consultation: First, we determine if you have a claim, and the legal standing to seek compensation.
- Gather Evidence: Next, we gather as much evidence as possible, including medical records and witness testimony.
- Valuation: We value all the economic, non-economic, and even punitive damages you’re entitled to seek. This provides a fair estimate of what the claim is worth.
- Initiation of Claim: We will advise the other side of the wrongful death lawsuit. We can then begin communications with the legal counsel involved.
- Settlement Negotiations: Our team will seek to negotiate settlement. Should you receive an offer, we can advise if it’s fair, so you can determine whether to accept or reject it.
Should we fail to reach a fair settlement informally, our attorneys will take your case to court. In some cases, this could result in a full civil trial. Such cases are unusual, though – this normally only occurs if it’s a particularly complex or high value claim.
It’s our goal to secure you the fairest compensation possible. Going to trial has its pros and cons which our Los Angeles wrongful death lawyers will happily discuss with you.
Do You Need a Wrongful Death Attorney?
Technically, you have the legal right to pursue your own claim. There’s no requirement to hire a lawyer. However, without an attorney, you risk:
- Undervaluing your claim
- Suing the wrong parties
- Running out of time to bring a wrongful death claim
- Settling for less than you deserve
Wrongful death suits are complex. And right now, you deserve to focus on finding ways to move beyond your grief. Leave the challenges of handling complex legal claims to your lawyer. Focus on caring for yourself, and your loved ones, during this difficult time.
Free Consultation with a Wrongful Death Claim Lawyer in California
Surviving family members are entitled to recover damages for a loved one’s death. And at the May Firm, we’re passionate about helping relatives get the closure – and the justice – they deserve.
Our attorneys don’t charge anything unless we win your case. What’s more, every initial meeting is free. So, there’s nothing to lose by calling to discuss if you have a claim. Tell us what happened today or call to schedule a meeting.
