What is a Wrongful Death Claim in California?

Wrongful death occurs when someone’s negligence or reckless behavior causes the death of another person. The survivors can make a wrongful death claim if this happens. It involves filing a lawsuit against the responsible party to seek compensation for the losses they’ve suffered. This can include financial losses, emotional distress, and loss of companionship.

This lets families seek accountability after losing a loved one too soon. Working with a Los Angeles wrongful death lawyer is necessary to file the lawsuit. Here’s what you need to know about wrongful death claims in California.

Who Can File a Wrongful Death Claim?

In California, the law specifies who can file a claim on behalf of the deceased person. The eligible plaintiffs in a wrongful death claim in California include:

• The deceased person’s surviving spouse or domestic partner
  
• The deceased person’s children or grandchildren
  
• If there are no surviving family members, the deceased person’s parents, siblings, or other relatives may be eligible to file a claim

This person will become the representative of all those who are eligible for compensation after a wrongful death and will be responsible for pursuing the case and distributing any award appropriately under California law.

What Damages Can Be Recovered?

In the aftermath of a wrongful death, it’s essential to understand the types of damages that can be recovered to compensate for your loss. Wrongful death damages in California can be categorized into economic and non-economic damages. 

Economic damages compensate for tangible losses, such as funeral expenses, medical bills, and lost income. Non-economic damages, on the other hand, provide compensation for intangible losses, including:

• Emotional distress and mental anguish
  
• Loss of companionship, love, and affection
  
• Loss of care, guidance, and nurturing
  
• Deprivation of consortium and marital relations

Punitive damages may also be awarded in cases of reckless or intentional conduct. Punitive damages are intended to punish the defendant for their egregious behavior and deter similar conduct in the future.

Proving Negligence in a Wrongful Death Case

Proving negligence is a crucial step in a wrongful death case, and it’s essential to understand the process. Establishing negligence requires demonstrating four fundamental elements: duty, breach, causation, and damages. These elements must be proven to show that the defendant’s actions or inactions directly caused the death of your loved one.

The burden of proof lies with you and your lawyer to demonstrate these elements. This can be a challenging task, especially during a time of grief. However, with the right legal representation, you can focus on grieving while your legal team handles your case.

To establish negligence, you or your lawyer must demonstrate the following:

• Duty: The defendant had a legal duty to act with reasonable care towards your loved one.
  
• Breach: The defendant failed to fulfill their legal duty, resulting in a breach of care.
  
• Causation: The defendant’s breach of care directly caused the death of your loved one.
  
• Damages: The death of your loved one resulted in quantifiable damages, such as funeral expenses, lost income, and emotional distress.

How a California Wrongful Death Lawyer Can Help

Working with the legal system while grieving can be particularly challenging, but a California wrongful death lawyer can provide essential guidance and support. With their skills, families can focus on healing and seeking justice for their loved ones.

A California wrongful death lawyer can help families in several ways, including:

• Investigating the circumstances surrounding the death to gather evidence and build a strong case
  
• Identifying all responsible parties and holding them accountable for their actions
  
• Filing a wrongful death lawsuit on your family’s behalf
  
• Negotiating with insurance companies and other parties to secure fair compensation
  
• Providing emotional support and guidance throughout the process

Preparing for the Consultation

Preparing for your initial consultation with a wrongful death attorney requires gathering essential documentation to help establish your case’s foundation. The most crucial documents include the death certificate, any medical records related to the incident that caused the death, and documentation of your relationship with the deceased.

You should also collect any evidence related to the incident, such as police reports, photographs, witness statements, or correspondence with insurance companies. Having these materials organized and readily available allows your attorney to quickly assess the strength of your case and begin formulating an effective legal strategy. 

Beyond the tangible documentation, it’s important to prepare yourself emotionally and mentally for the consultation by writing down your recollection of events and questions you want to ask the attorney. 

Seek Help for Wrongful Death Claims in California

You’ve just learned about the basics of a wrongful death claim in California. If you’ve lost a loved one due to someone else’s negligence, you may have the right to start a wrongful death claim. Find out by speaking with a knowledgeable California wrongful death lawyer. 

To discuss your case with our wrongful death attorneys, contact J&Y Law for a free consultation.