Victim of a wrongful death?

Losing a loved one unexpectedly is a devastating experience, leaving families dealing with emotional pain and financial strain. When the death may have been caused by another party’s negligence or intentional actions, California law defines this as a “wrongful death.” Taking legal action may be possible in these situations. Not only does it seek to address alleged responsibility under civil law, but it also provides a pathway for survivors to pursue compensation where permitted by law.

An experienced Newport Beach wrongful death lawyer can guide grieving families through these complex legal matters. Contact Sweet James Accident Attorneys to discuss your legal options.

What Qualifies as Wrongful Death in California?

A wrongful death in California occurs when a person may have been killed due to someone else’s negligence or intentional wrongdoing. California law may give surviving family members or representatives of the victim’s estate the right to file a lawsuit and seek financial relief if this loss could have been prevented. Examples of situations that often lead to these claims include:

Fatal Motor Vehicle Crashes: Car, Truck, or Motorcycle Accidents

Serious crashes caused by distracted driving, speeding, reckless maneuvers, or driving under the influence may result in wrongful death claims.

Medical Malpractice

Wrongful death claims may arise after a healthcare provider gives the wrong diagnosis, makes a surgical error, or fails to take proper action to treat an illness or injury. These cases focus on whether proper care could have saved the victim and if the medical professional operated under the standard of care.

Death Resulting From a Dangerous or Defective Product

If a product such as a car part, appliance, medication, or power tool is poorly designed or sold without proper warnings, it may be deadly. Manufacturers, distributors, and designers may be held responsible if defects directly cause loss of life.

Workplace Fatalities, Especially Where Safety Rules Were Ignored

Factories, construction sites, and other workplaces sometimes see deadly accidents when proper safeguards and regulations are not carefully followed. Surviving families may have grounds for a wrongful death suit in addition to possible workers’ comp benefits.

Intentional or Criminal Acts, Like Assault or Drunk Driving (DUI)

When someone’s intentional actions, such as physical violence or driving drunk, result in another’s death, family members may be able to pursue legal action through a wrongful death lawsuit, regardless of any separate criminal prosecution.

These cases typically involve analyzing whether a party’s conduct was a substantial factor in causing the death.

Evidence Used to Prove Wrongful Death Claims

Proving a wrongful death case in California involves assembling relevant evidence to show a clear connection between a wrongful act and someone’s tragic passing.

It’s not just about proving the death; you must also demonstrate how another person or organization’s negligence or misconduct directly caused that loss and outline the impact on surviving family members. Here’s what typically forms the foundation of these claims:

Accident and Incident Reports

Reports from police, emergency services, or other investigating authorities often set the foundation for any wrongful death case. These documents describe exactly what happened, including times, locations, witness accounts, diagrams, and officer conclusions about who was at fault. For car accidents or workplace fatalities, these reports may cite code violations, hazardous conditions, or test results such as BAC (blood alcohol concentration).

Eyewitness Testimony and Expert Opinions

People who saw the event, like bystanders, co-workers, or medical staff, can provide firsthand accounts of exactly what took place before, during, or after the fatal incident. Their statements can fill in key gaps and add context about what led up to the accident.

In addition to witnesses, subject matter experts, such as accident reconstructionists, engineers, or medical experts, are brought in to analyze physical evidence or medical records, offering specialized insight on how or why the loss occurred.

Medical Records, Autopsy Reports, and Death Certificate

Medical documentation helps in wrongful death cases because it traces precisely what injuries were sustained, what treatment was given, and ultimately, what caused the person’s death.

Autopsy reports, prepared by forensic pathologists, can identify the cause and time of death, revealing links to trauma, toxins, or faulty medical devices, for example. Death certificates officially confirm the loss and may note suspected or confirmed causes or contributing factors, which help to draw connections between specific acts of negligence and the fatal results.

Physical Evidence and Electronic Data

In many cases, actual objects or electronic records help identify contributing factors. Damaged vehicles, defective equipment, preserved products, crash debris, or faulty medication can be examined and tested in some cases. Your Newport Beach wrongful death lawyer may also obtain “black box” data from cars, surveillance videos, work site logs, and information from smartphones, GPS devices, or social media posts that support factual allegations about the wrongful death.

Proof of Damages: Financial, Emotional, and Personal Losses

Wrongful death lawsuits require more than just proving fault – they must also clearly demonstrate all losses the family has suffered. This is where pay stubs, tax returns, medical bills, receipts, and records of funeral or burial expenses are presented to support economic damages.

Statements from counselors, clergy, loved ones, or mental health professionals can be used to highlight the depths of emotional loss, suffering, loss of companionship, or changes in family dynamics. These records and narratives help to tell the whole story of life before and after the accident.

Having organized, well-documented evidence helps support a claim during investigation, litigation, or settlement discussions.

Who Can File a Wrongful Death Claim in Newport Beach?

Losing a loved one due to someone else’s negligence or intentional actions is devastating. The pain may be compounded by the responsibility of seeking financial relief to support surviving family members. Understanding who may be eligible to file a wrongful death claim under California law is essential for seeking remedies available under California civil law.

Spouse or Domestic Partner

The highest priority in wrongful death cases under California law is given to the surviving spouse or registered domestic partner of the deceased. These individuals have a direct and legally recognized relationship with the decedent, granting them the primary right to file a claim.

Children of the Deceased

Children of the deceased, including biological and legally adopted children, also hold the right to file a wrongful death claim. This right is especially important when the deceased was a primary caregiver or financial provider for their children.

Grandchildren of the Deceased (If Children Are Deceased)

If the deceased’s children have also passed away, the right to file a wrongful death claim extends to the grandchildren. This provision helps to protect successive generations and may allow an opportunity to seek legal action on behalf of their family.

Dependent Parents, Stepchildren, or Putative Spouses

Beyond immediate family members, California law may recognize specific individuals who were financially dependent on the deceased. These include:

• Dependent Parents: Parents who relied on their deceased child for financial support may file a wrongful death claim. This often applies in cases where an adult child has provided significant economic contributions to their aging parents.
• Stepchildren: Stepchildren who can demonstrate financial dependence on the deceased may also qualify. This factor ensures that relationships outside traditional biological ties are acknowledged and protected under the law.
• Putative Spouses: A putative spouse is someone who genuinely believed they were in a valid marriage with the deceased, even if the marriage is later found invalid due to legal technicalities. If a putative spouse was financially reliant on the deceased, they may qualify to file a wrongful death claim.

This extension reflects that eligibility may include certain financially dependent individuals under California law.

Wrongful Death Claim vs. Survival Action

Understanding the difference between a wrongful death claim and a survival action may help families navigate the emotional and legal challenges that follow the unexpected loss of a loved one. These two legal actions, each designed to address different aspects of loss under California law, may help surviving family members and representatives of the deceased’s estate pursue compensation.

Who Can File?

The first key difference lies in who may be eligible to file each type of claim.

Wrongful Death Claim

A wrongful death lawsuit may be brought by the deceased person’s surviving family members. Under California Code of Civil Procedure § 377.60, the following individuals may have the right to file:

• Spouse or registered domestic partner of the deceased
• Children of the deceased
• Grandchildren, if the deceased’s children are not alive
• Other financially dependent individuals, such as:
• Parents
• Stepchildren
• Putative spouses (individuals who believed in good faith they were legally married to the deceased)

The purpose of a wrongful death claim is to compensate the family for the personal losses they’ve experienced due to the death.

Survival Action

A survival action, on the other hand, may be filed by the personal representative of the deceased’s estate. The goal of a survival action is to seek compensation for losses the deceased could have pursued had they lived, making it distinct from a wrongful death claim.

What Damages Can Be Recovered?

Both types of legal actions allow for the recovery of damages, but the categories of compensation differ considerably.

Wrongful Death Claim

Wrongful death claims focus on the losses experienced by the surviving family members. Recoverable damages may include the following:

Non-economic damages

• Loss of financial support that the deceased would have provided
• Funeral and burial expenses
• Loss of household services
• Non-economic damages:
• Loss of companionship, care, and support
• Loss of love, guidance, and comfort

It’s important to note that punitive damages are generally not available in wrongful death lawsuits. This restriction applies even in cases involving reckless or egregious conduct.

Survival Action

Survival actions address the damages the deceased suffered before their passing. These include:

Compensatory damages:

• Medical expenses incurred before the deceased’s death
• Lost wages the deceased would have earned prior to passing
• Property damage related to the incident

Punitive damages

Punitive damages may be recoverable if the deceased would have been entitled to them had they survived.

While punitive damages aim to punish the wrongdoer, furthering the goal of deterrence, these are only available in survival actions, not wrongful death claims.

Available damages depend on the claim type and what California law permits under the specific facts.

Statute of Limitations

Both wrongful death claims and survival actions are subject to legal deadlines – or statutes of limitations – that determine how much time you have to initiate legal proceedings.

Wrongful Death Claim

Surviving family members usually have two years from the date of the deceased’s death to file a wrongful death lawsuit. Not filing within this deadline typically results in the loss of your legal right to seek compensation.

Survival Action

The statute of limitations for survival actions is slightly more complex. The legal filing must occur generally within two years of the wrongful act or six months after the date of death, whichever is later, subject to exceptions under California law.

Understanding these deadlines is crucial. Missing a deadline can affect whether a claim may be filed. An attorney can explain how time limits may apply based on the circumstances.

What to Consider When Choosing Legal Representation for a Wrongful Death Claim

The unexpected loss of a loved one due to someone else’s negligence is one of life’s most devastating challenges. During this difficult time, choosing legal representation may help you evaluate whether a claim is available. That’s where the team at Sweet James Accident Attorneys may come in.

Experience Handling Wrongful Death and Serious Injury Matters

Our firm has experience handling wrongful death and serious injury matters, with settlements and verdicts that depend on the facts and applicable law.

No Upfront Attorneys’ Fees

Navigating a wrongful death case can feel particularly daunting, especially when families face mounting expenses. Our Newport Beach wrongful death lawyers work on a contingency fee basis and require no upfront attorneys’ fees.

Hiring legal counsel can help you understand available legal remedies. Consider contacting Sweet James Accident Lawyers today to discuss your legal options with a Newport Beach personal injury lawyer.

Disclaimer: Past results do not guarantee future outcomes.