Losing a loved one is devastating under any circumstance, but death that results from someone’s negligence or intent can make that pain overwhelming and compound it with anger and confusion. Therefore, you must understand your legal rights and options if you intend to seek justice for a wrongful death. A qualified wrongful death lawyer can be invaluable in navigating the complexities of your case and securing the compensation your family deserves.
California residents who have suffered an untimely loss of a loved one can turn to Davana Law. Led by founder Mariam Kuregyan, Esq., our experienced team of attorneys helps you fight for justice through every step, from our initial consultation to a settlement or trial. Plus, we don’t charge clients a cent until we successfully resolve their case. To request a free wrongful death case evaluation, call (818) 501-1055 today.
Below, we outline the key elements that go into a wrongful death case:
What Constitutes a Wrongful Death Lawsuit?
Wrongful death occurs when someone dies due to another’s negligent or reckless conduct. These claims represent personal injury claims the deceased would have pursued had they survived.
To establish wrongful death eligibility, the following elements must be proven:
- The death of a person caused by another party’s negligence or intent to cause harm
- Survival of family members who suffer financial injury from the death
- The appointment of a personal representative for the deceased’s estate
An attorney can help establish these elements by gathering substantial evidence and deploying their legal expertise.
What Are the Most Common Types of Wrongful Death Cases?
Motor Vehicle Accidents
Car, truck, motorcycle, and pedestrian accidents often result in wrongful death claims, particularly when another driver’s actions–such as speeding, distracted driving, or intoxication–caused the crash. These cases often require collecting evidence from the accident scene, gathering witness statements, and leveraging expert accident reconstruction to establish liability.
Workplace Accidents
Fatal workplace accidents (particularly in dangerous industries like construction, manufacturing, and agriculture) may qualify as wrongful death claims. While workers’ compensation generally limits lawsuits against employers, families may pursue wrongful death actions against third parties whose negligence contributed to the accident, such as equipment manufacturers or subcontractors.
Defective Products
When faulty products cause fatal injuries, manufacturers, distributors, and retailers may be liable through product liability claims. These cases can involve design defects, manufacturing errors, or inadequate warnings. Families don’t necessarily need to prove negligence in these cases, as strict liability often applies to defective product claims.
Who Can File a Wrongful Death Lawsuit?
California law restricts who can initiate wrongful death lawsuits. In order of priority, parties eligible to file a wrongful death lawsuit include surviving spouses, children of the deceased, dependent stepchildren or parents, and minor children who lived with and depended on the deceased for 180 days.
If none of these eligible parties survive, the right to file a case falls to a personal representative of the deceased’s estate or an eligible heir. However, any compensation rewarded in such a case is typically distributed amongst estate members or according to the deceased’s will.
What Damages Are Recoverable in Wrongful Death Lawsuits?
When suing for wrongful death, families may seek various forms of compensation, including:
- Financial Damages: The value of monetary support the deceased provided dependents and loved ones.
- Expected Benefits: The value of gifts and benefits expected from the deceased.
- Funeral Costs: The value of accrued funeral and burial expenses.
- Medical Expenses: The value of medical care rendered to the deceased before death.
- Intangible Losses: The value placed on the deceased’s companionship, guidance, and support.
Unlike some states, California generally doesn’t allow recovery for grief, sorrow, or the deceased’s pain and suffering before death. However, a survival action–often filed alongside wrongful death claims–may recover damages for the deceased’s pre-death medical expenses and lost income, as well as punitive damages in cases involving extreme misconduct.
Secure Your Compensation with California’s Top Wrongful Death Lawyer
While no family should ever endure losing a loved one to wrongful death, legal expertise can help those who do recover financial security. As California’s top wrongful death lawyers, Davana Law can help you understand your legal options and provide compassionate guidance while fighting for the justice you and your loved ones deserve. Call (818) 501-1055 to discover your wrongful death lawsuit eligibility and learn about your options.
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