Navigating Wrongful Death Claims in California: Your Legal Rights and Options

What is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by the survivors of a person who died as a result of another party’s wrongful act or negligence. These claims serve two important purposes:

• Providing financial compensation to the surviving family members for their losses.
• Holding the responsible party accountable for their negligent or intentional conduct.

Wrongful death claims in California are governed by the California Code of Civil Procedure Section 377.60 and related statutes.

Common Causes of Wrongful Death

Wrongful death can arise in various circumstances, many of which involve preventable negligence. Some of the most common causes include:

• Motor vehicle accidents, including car, motorcycle, and truck crashes
• Workplace accidents, particularly in construction or industrial settings
• Defective products that result in fatal injuries
• Dangerous property conditions leading to fatal accidents
• Medical malpractice, such as surgical errors or misdiagnoses
• Violent crimes or intentional acts of harm

Each case is unique, requiring a detailed investigation to establish liability and damages.

Who Can File a Wrongful Death Lawsuit in California?

California law limits who can bring a wrongful death action. Eligible parties include:

• The surviving spouse or domestic partner of the deceased
• The deceased’s children
• If there are no surviving direct descendants, other individuals entitled to the decedent's property under California’s laws of intestate succession, such as parents or siblings

Additionally, individuals who were financially dependent on the deceased—such as stepchildren or putative spouses—may also be eligible to file a claim.

What Compensation is Available in a Wrongful Death Claim?

The purpose of a wrongful death lawsuit is to compensate survivors for both economic and non-economic losses stemming from their loved one’s death. Potential damages include:

Economic Damages:

• Funeral and burial expenses
• Loss of financial support the deceased would have provided
• Loss of household services

Non-Economic Damages:

• Loss of companionship, love, affection, and guidance
• Emotional pain and suffering
• Loss of consortium (for surviving spouses or partners)

While no sum of money can replace the person you lost, these damages aim to provide some measure of relief for the financial and emotional impact of their passing.

The Statute of Limitations for Wrongful Death Claims

California law imposes strict time limits on filing wrongful death lawsuits:

• Two years from the date of death is the general statute of limitations.

If the lawsuit is not filed within this period, you may lose the right to seek compensation permanently. However, certain exceptions may apply, such as:

• If the wrongful death resulted from medical malpractice, a different timeframe may apply.
• If a government entity is involved, a claim must be filed within six months under the California Tort Claims Act.

Consulting an experienced wrongful death attorney promptly ensures that all legal deadlines are met.

Proving a Wrongful Death Claim

To succeed in a wrongful death claim in California, the plaintiff must establish four key elements:

1. A human being died.
2. The death was caused by the negligence or wrongful act of another.
3. Surviving family members have suffered losses due to the death.
4. The plaintiff is legally eligible to bring the claim.

Evidence commonly used to prove these elements includes:

• Police and accident reports
• Medical records and autopsy findings
• Eyewitness testimony
• Expert witness analyses
• Financial documents demonstrating the deceased's earning capacity and contributions to the family

Why You Need an Attorney for a Wrongful Death Claim

Wrongful death cases are often emotionally charged and legally complex. Insurance companies and defendants may attempt to minimize or deny liability, making it difficult for grieving families to navigate the process alone.

At California Trial Law Group, PC, we provide:

• Thorough investigation into the cause of death and identification of all liable parties
• Skilled negotiation with insurance companies to secure fair settlements
• Compassionate support for families during all stages of the legal process
• Aggressive litigation in court, if necessary, to achieve justice

Our team is committed to treating every case with sensitivity, dedication, and the highest level of professionalism.

Real-Life Case Success

Our firm recently represented a family who lost a loved one in a tragic construction accident due to inadequate safety protocols. Despite initial resistance from the defendant’s insurer, California Trial Law Group, PC conducted an exhaustive investigation, obtained expert testimony, and ultimately secured a substantial settlement that provided financial security for the surviving family members.

How California Trial Law Group, PC Can Help

Losing a loved one is an emotionally overwhelming experience. Let us handle the legal complexities while you focus on healing. We offer:

• Free, confidential consultations to assess your case
• No upfront legal fees; we work on a contingency fee basis
• Comprehensive legal representation from start to finish

Our founder, Ike M. Kaludi, Esq., and the entire team bring years of experience, a deep understanding of wrongful death law, and a commitment to helping families find closure and justice.

Steps to Take After Losing a Loved One to Wrongful Death

If you believe your loved one’s death was caused by negligence or misconduct, take the following steps:

• Seek legal advice as soon as possible to preserve your rights.
• Gather documentation related to the incident, including death certificates, accident reports, and any correspondence with insurance companies.
• Avoid accepting settlements or signing agreements without consulting an attorney.
• Prioritize your emotional well-being by seeking support from grief counselors, family, and friends.

Contact California Trial Law Group, PC Today

If you have lost a loved one due to another party’s negligence or wrongdoing, you deserve compassionate and effective legal representation. Let California Trial Law Group, PC be your advocate during this difficult time.

Contact us today for a free consultation.
Visit our website to learn more about how we can help you pursue justice and compensation.

Your family’s future matters. Trust California Trial Law Group, PC to fight for your rights with empathy, strength, and experience.