California Wrongful Death Lawyers
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When something or someone causes a fatal accident, it can leave surviving family members feeling at a loss as to what to do. Legal matters may be difficult to think about during this time, but pursuing a wrongful death claim may prove helpful in the months following your loved one’s accident.
A claim can help your family seek accountability and financial compensation for your losses. We sympathize with those who have lost family members or spouses because of negligence and can offer legal support after a wrongful death accident in California.
Whether the negligence, wrongful action, or intentional harm of another caused the untimely death of someone you love, Arash Khorsandi and his team of attorneys at Arash Law can answer any questions you may have. Our California wrongful death lawyers can review your case and assess whether you can pursue the compensation that may be available to you under state law.
Filing a claim may not fully alleviate the pain of your loss. However, it might help you overcome the financial difficulties that may come with the unexpected death of a loved one. A wrongful death attorney can work to help you tackle the challenges that may arise when seeking damages.
To move forward with your case, we’ll have to know if the loss of your loved one meets the state’s definition of wrongful death. The California Code of Civil Procedure defines it as a death arising from another person’s wrongful act or negligence. You will only have grounds for a claim if someone else caused or substantially contributed to your family member’s passing, like a drunk driving accident. You must also be within your statute of limitations, which is two years from the day of your loved one’s accident, to bring a wrongful death claim.
What Is Wrongful Death?
A wrongful death claim is similar to a personal injury claim, except that the at-fault party caused a fatal accident. However, both types of claims center on the same legal theory of negligence. In a wrongful death claim, one must prove three elements:
- The defendant owed the deceased a duty of care. This could be a distracted driver, incompetent caregiver, product manufacturer, property owner, or any other party that contributed to the death. The duty of care will vary based on the defendant’s role in the incident.
- The defendant breached their duty of care. A breach is anything that another reasonably prudent party would not have done in the same or similar circumstances. The courts may deem a defendant “negligent” if there is evidence that they should have done something differently to prevent the decedent’s death.
- The breach of duty of care caused the person’s death. You must prove that the defendant’s breach of care was the proximate cause of your loved one’s passing. Proving this element may involve eyewitness statements, expert testimony, and a full-scale investigation.
You must also show that you suffered real damages because of the incident. These can include emotional harm, mental anguish, or loss of consortium.
The courts may award compensation for intangible losses, as well as for tangible damages like funeral and burial expenses or the decedent’s accident-related medical care up until the time of their passing. A wrongful death claim can thus potentially serve as a source of financial relief for surviving relatives.
Although there may be a criminal element involved in your loved one’s accident, a wrongful death lawsuit is considered a separate civil action. The standard of proof in a civil action is lower than in a criminal case, which is called “the preponderance of the evidence” and essentially means that it was more likely than not that something occurred in a certain way.
Various circumstances can lead to a wrongful death lawsuit, such as drunk driving accidents, workplace accidents, animal attacks, or criminal activity. Every state has its wrongful death statutes, with its own requirements, rules, procedures, and statute of limitations that govern them.
If a wrongful death claim is successful, the courts will order the responsible party to pay damages to the victim’s surviving family members who filed the lawsuit.
In awarding monetary damages, the court may include compensation for the following:
- Medical expenses
- Funeral costs
- Emotional distress
- Lost income and future earnings
Common Types Of Wrongful Death Claims In California
A wrongful death claim can result from a wide variety of incidents. Some of the circumstances leading to a wrongful death lawsuit may include (but are not limited to):
- Criminal activity
- Product liability
- Negligent security
- Animal attack
- Pedestrian accidents
- Workplace accidents or exposure to occupational hazards or substances
- Motor vehicle, motorcycle, maritime, or airplane accidents
- Drunk driving
- Defective products, including car parts
- Dangerous medications
- Nursing home abuse and neglect
- Safety hazards in public places
- Premises accidents
Types Of Compensation Available For The Wrongful Death Of A Family Member
Different types of damages may be pursued in a wrongful death claim in California. These are usually divided depending on whether they compensate the deceased’s estate for losses associated with the wrongful death or their family members who have suffered as a result of their loved one’s passing.
Losses associated with the estate of the deceased usually include:
- Medical bills or costs incurred during the treatment of the decedent’s fatal injury, illness, or hospice care.
- Funeral, burial, or cremation expenses.
The surviving family members of a wrongful death victim can seek various damages, such as:
- The deceased’s anticipated income.
- Value of the decedent’s household contributions.
- Any lost prospect of inheritance.
- Emotional and mental anguish from the loss of companionship, as well as the loss of emotional support and guidance.
How Damages Are Calculated In A California Wrongful Death Case
Once a wrongful death lawyer has evaluated the type of damages that may be available in your wrongful death case, it’s necessary to calculate the approximate amount being sought through the claim.
Certain damages are naturally easier to calculate than others, like funeral costs. To determine this amount, you total up all the bills and receipts you received from the funeral home and other burial service providers. In California, only reasonable expenses can be reimbursed, which means you cannot have an elaborate funeral for your deceased loved one and expect to recoup costs for things like a mausoleum.
Other damages are significantly more difficult to calculate, like lost future earnings. These kinds of damages take certain factors into account, including:
- How old the person was when they died, and how many more years they would reasonably be expected to work and earn income.
- The education and skill set of the deceased.
- The deceased’s potential for adjustments to income throughout their career through promotions, raises, and bonuses.
- How wages would be adjusted over the years to compensate for inflation.
- The benefits from retirement account contributions and Social Security that the deceased would have received.
Taking all of these factors into consideration can be complicated, and you may often need professional guidance to reach an accurate estimate.
Certain occupational and economic experts can help determine the monetary value of less tangible losses, like loss of affection, love, and parental guidance. Our California wrongful death lawyers can similarly help you estimate the value of the damages incurred in your case. Call (888) 488-1391 to speak with our staff about your claim.
wrongful deaths
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Settlement in a Wrongful Death Motor Vehicle Accident – largest Wrongful Death Settlement in Monterey County in 2020 – Top 20 Wrongful Death Settlement in California for 2020.– Judd Ross Allen
Damages Not Considered In Wrongful Death Cases
There are certain losses you may not be able to pursue through a wrongful death case because they should be handled in a different legal action called a survival action. These damages relate to the losses of the deceased person leading up to the time of death. Such losses could include pain and suffering suffered by the decedent and punitive damages if the responsible party exhibited gross negligence.
What Is The Difference Between A Wrongful Death Claim And A Survival Claim?
After the untimely death of a loved one, the eligible surviving family members can usually initiate two types of civil claims: a wrongful death claim or a survival claim.
A wrongful death claim seeks to compensate surviving loved ones for their damages. A survival action seeks compensation to the decedent’s estate for their specific losses.
Surviving family members, like a spouse or children, can bring a wrongful death claim; however, only a representative of the decedent’s estate may file a survival action claim.
The statute of limitations for survival actions is two years from the date of the injury to file the claim or six months after the victim’s passing, whichever comes later. The statute of limitations for a wrongful death claim is two years from the date of the decedent’s death.
The damages available in each claim also differ. Since a wrongful death action seeks to reimburse the surviving family members for the emotional and financial losses they suffered because of the death, their compensation may include mental anguish, loss of parental guidance, loss of spousal love, and reasonable funeral and burial expenses.
In a survival claim, the decedent’s estate may be compensated similarly to what the deceased person could have received in a personal injury claim had they not died. This compensation may cover repairs to private property, medical expenses, the decedent’s lost wages, and, rarely, punitive damages.
How Long Does A California Wrongful Death Case Take?
Wrongful death cases can be complex, so there is no set timeline for how long it can take to resolve them. If an insurance company fails to offer a fair settlement, our wrongful death lawyers can take the case to court if it is a viable option for our client’s claim. If an insurance company doesn’t offer the full amount of the policy, we may be able to pursue additional compensation through litigation, where a jury would determine appropriate damages based on the evidence presented.
A wrongful death lawsuit requires enough time to conduct a thorough investigation to understand all of the facts of the case, which includes properly identifying all of the responsible parties.
In some cases, the liability in a wrongful death claim can be straightforward, like a car accident caused by a drunk Uber driver; however, there are cases where that isn’t so cut and dry. For example, if there were a fatal slip and fall accident due to unsafe conditions at a construction site, more evidence would need to be gathered to determine liability.
Wrongful death claims that go to trial commonly last longer, up to 2 years on average. However, they could end sooner depending on the circumstances of each case.
How To Proceed With A Wrongful Death Claim
Following the untimely passing of a loved one in an accident, it may not be immediately obvious if your circumstances meet the requirements for legal action in the state of California.
If you think that they do, seeking legal guidance can help you learn what options are available to you. You can discuss your case with our California wrongful death lawyers during a free initial consultation. You can call (888) 488-1391 to set an appointment.
Our attorneys can help you assess whether a loved one’s passing may warrant the filing of a wrongful death claim and whether you are eligible to file a case. If so, then our team can work with you to seek compensation for your losses.
California’s Wrongful Death Statute Of Limitations
The statute of limitations for a wrongful death claim in California is generally two years from the date of the loved one’s death. However, there are certain scenarios where this time frame may be different. For example, if a government entity, such as a Los Angeles city vehicle, caused the wrongful death, then the claim must be filed within six months of the accident.
Although the above time periods are deadlines, filing your claim sooner may help prevent any potential issues that might delay or compromise your case.
Who Can File A Wrongful Death Claim In California?
Only the deceased person’s surviving spouse, domestic partner, or children may file a wrongful death claim in California.
Otherwise, anyone “entitled to the property of the decedent” may file the claim. This could include the person’s parents or siblings. If the decedent’s parents, stepchildren, or putative spouse can prove that they financially depended on the person, the courts may allow these parties to file the claim.
Consult With Our Wrongful Death Lawyers In California
If you have reason to believe that someone is to blame for the death of your spouse or family member, contact Arash Law, headed by Arash Khorsandi, Esq. Our team will work to leverage our knowledge of and experience in handling wrongful death cases to review your claim, assess its validity, and potentially file it. We serve clients throughout the state of California, including those in Los Angeles, Sacramento, San Francisco, Riverside, Orange County, and San Diego, among others. We can also arrange meetings at your home or office.
