What Constitutes Wrongful Death in an Accident Case?
The loss of a loved one in an accident is a devastating experience. The pain can be particularly overwhelming when that loss occurs due to someone else’s negligence or wrongful actions, a legal concept known as "wrongful death." However, it's important to understand what constitutes a wrongful death case in California and what doesn't.
At the Law Offices of Steven Zwick, we understand the emotional, legal, and financial challenges that families face after a wrongful death incident. Our goal is to help families seek justice and accountability while providing compassionate legal counsel.
Wrongful Death Under California Law
Wrongful death occurs when an individual dies due to a wrongful act or negligence of another person or entity, such as in a car accident, pedestrian accident, or premises liability case.
Unlike criminal charges, which are filed by state prosecutors and may result in imprisonment or fines, a wrongful death claim is a civil lawsuit filed by the deceased’s family or estate. The primary goal is to seek monetary compensation for the losses the family has endured and to hold the responsible party accountable for their actions.
Who Can File a Wrongful Death Claim in California?
Under California Civil Code § 377.60, specific family members can file a wrongful death lawsuit against the responsible party. These family members usually include the deceased's surviving spouse, domestic partner, or children.
If the deceased does not have a spouse, domestic partner, or children, then the claim may be brought by those who would be entitled to inherit the deceased’s estate under California’s intestate succession laws, such as parents or siblings.
Additionally, individuals who were financially dependent on the deceased, such as stepchildren or putative spouses, may also have grounds to file a claim. Since eligibility depends on the unique circumstances of your case, it’s important to consult with an experienced wrongful death attorney to ensure that your rights are protected.
Common Causes of Wrongful Death
Several types of accidents and situations may give rise to a wrongful death claim in California. Some of the most common include:
Car accidents: Negligent or reckless drivers who cause fatal crashes may be held liable in a wrongful death lawsuit. This could involve speeding, driving under the influence, or distracted driving.
Medical malpractice: Healthcare professionals may be responsible for wrongful death if their negligence leads to fatal outcomes, such as failure to diagnose, surgical errors, or improper care.
Workplace accidents: Fatal injuries on the job, particularly in hazardous industries like construction, can lead to wrongful death claims if third-party negligence is involved.
Defective products: Manufacturers may be liable for wrongful death if their products are poorly designed, improperly tested, or distributed without adequate warnings.
Criminal acts: If the death was the result of intentional harm, such as assault or manslaughter, wrongful death claims may often proceed in tandem with criminal prosecution.
Regardless of the cause, our team is here to investigate every detail of your case to determine liability and provide you with the support you need.
Required Elements to Prove Wrongful Death
To file a wrongful death claim in California, you must be able to establish that the responsible party had a duty of care toward the deceased and failed to exercise that duty either through negligence or intentional actions. Typically, you will need to prove four elements:
Duty of care: You must demonstrate that the defendant owed a legal duty of care to the deceased. For example, drivers owe a duty of care to others on the road, and doctors owe a duty of care to their patients.
Breach of duty: You must prove that the defendant breached that duty through negligence, recklessness, or intentional misconduct. A common illustration of this would be a driver running a red light, therefore violating their duty to follow traffic laws.
Causation: You must provide evidence that the breach of duty directly caused the death of your loved one. This often requires connecting the wrongful act to the untimely loss through physical evidence, expert testimony, or other documentation.
Damages: Finally, you must show that you have suffered specific economic and non-economic losses due to your loved one’s death.
Potential Recoverable Damages from a Wrongful Death Claim
For wrongful death cases, California law allows you to pursue both economic and non-economic damages. These damages are designed to compensate the family for the loss of their loved one and typically include the following:
Economic damages: These typically include funeral and burial expenses, any loss of financial support the deceased would have provided, and any loss of benefits or gifts the deceased would have contributed, such as health insurance or retirement income.
Non-economic damages: These typically include loss of companionship, affection, and love, any emotional distress caused by the absence of the deceased, and loss of the enjoyment of life.
While no amount of money can replace the loss of a loved one, obtaining rightful compensation is crucial to alleviating the financial burdens associated with funeral and end-of-life costs, and seeking justice for families grappling with such an immense loss. If you're looking to file a wrongful death claim, reach out to an experienced personal injury attorney today.
Statute of Limitations for Filing a Wrongful Death Claim in California
Under California law, the statute of limitations for filing a wrongful death claim is generally two years from the date of the loved one’s death. Failing to file a claim within this time frame may result in the loss of your legal right to compensation. However, there are some exceptions.
For example, if medical malpractice was involved, the statute of limitations is typically one year from the date the injury is discovered or three years from the date the injury occurred.
It’s important to act promptly after the untimely death of a loved one so that evidence can be preserved, witnesses can be interviewed while they still remember the incident, and so you can make sure you don't miss important deadlines.
Contact Us for a Consultation Today
If you have lost a loved one in an accident and believe someone else’s negligence or misconduct was responsible, reach out to an experienced wrongful death attorney for skilled guidance and legal support. At the Law Offices of Steven Zwick, our attorneys have decades of experience and are experienced in providing legal representation tailored to the unique needs of your family.
Located in Mission Viejo, California, we serve clients throughout Orange County. If a loved one has died in a car accident, don't wait—contact us today to schedule a free initial consultation.
We’re proud to extend our services to residents of Anaheim, Brea, Buena Park, Costa Mesa, Cypress, Dana Point, Fountain Valley, Fullerton, Garden Grove, Huntington Beach, La Habra, La Palma, Laguna Beach, Laguna Hills, Laguna Woods, Lake Forest, Los Alamitos, Newport Beach, Orange, Placentia, San Clemente, San Juan Capistrano, Santa Ana, Seal Beach, Stanton, Tustin, Villa Park, Westminster, and Yorba Linda.