How to Increase Your Chances of Winning a Wrongful Death Suit in California

By Yosi Yahoudai
Founder and Managing Partner

While no amount of money can replace the loss of a loved one, compensation through a wrongful death claim can help you deal with financial concerns related to the death and give you a safe space from which to take your first steps. to heal. Thinking of alleviating your pain, we present several recommendations that can help you ensure that your claim is successful.

In the state of California, the following parties have the power to file lawsuits for wrongful death charges in connection with the death of a loved one:

  • The spouse, common-law partner, or surviving children of the decedent
  • In the event that the decedent has no living partner or children, designated relatives, such as a parent or sibling, may file the lawsuit
  • Other people who were financially dependent on the deceased. as a stepchild or putative spouse, they can also file a lawsuit

In the case of a wrongful death claim, California distinguishes between economic and non-economic. With this in mind, it is important to keep in mind that there is a possibility to recover not only financial losses (such as all those caused by medical expenses or funeral expenses), but also to obtain compensation for less tangible losses, such as pain caused for the loss of company.

Here are some of the most common damages in a California wrongful death lawsuit:

  • Funeral and burial expenses
  • Medical bills related to the decedent’s injuries
  • Loss of household services (for example, if your loved one regularly cleaned and did laundry, you can claim the value of those services)
  • Loss of financial support
  • Loss of community, consortium or companionship
  • Pain and suffering of the deceased.

When building a claim for such a painful situation, it is worth thinking about ways that will allow you to recover a sum sufficient to at least allow you a period of mourning without financial complications.

When calculating property damages, it is necessary to focus not only on the last income of the deceased, but also on factors that might seem external, such as their estimated life expectancy, education and skills, and even possible promotions. The death of a loved one means not only the loss of that person, but also the potential that person had to lead a full and successful life.

Additionally, the state of California does not have standardized formulas or amounts to calculate the value of non-economic damages, leaving this to the discretion of the jury. This is why it is key that you are able to build and present a case that clearly communicates how devastating the loss has been to you. Having a lawyer who stands in solidarity with you will be key at this point, and this is where our firm will make sure to put all its skills at your service.

About the Author
Yosi Yahoudai is a founder and the managing partner of J&Y. His practice is comprised primarily of cases involving automobile and motorcycle accidents, but he also represents people in premises liability lawsuits, including suits alleging dangerous conditions of public property, third-party criminal conduct, and intentional torts. He also has expertise in cases involving product defects, dog bites, elder abuse, and sexual assault. He earned his Bachelor of Arts from the University of California and is admitted to practice in all California State Courts, and the United States District Court for the Southern District of California. If you have any questions about this article, you can contact Yosi by clicking here.