California Wrongful Death Attorney

Losing a family member, partner, or loved one is something no one is ever prepared for. Having to go through a loved one’s death can cause a detrimental impact on your life physically, mentally, and financially. If your loved one’s death was caused by unlawful actions or negligence committed by another party, you may pursue legal actions to acquire compensation for your losses.

 

At West Coast Trial Lawyers, our California wrongful death lawyers recognize the pain and uncertainty families endure after losing a loved one due to someone else’s negligence or wrongdoing. We’re here to guide you through the legal process, meticulously reviewing your case and pursuing the compensation and justice your family deserves.

To schedule a free consultation, please contact our 24/7 legal team by calling (213) 927-3700 or filling out our quick contact form.

The WCTL Difference

At West Coast Trial Lawyers, we’re neither a referral service nor a firm trading on the reputations of retired attorneys. Instead, we are a real, in-person California practice, staffed by Harvard Law School graduates and nationally recognized legal professionals—attorneys who are frequently called upon as trusted legal analysts on television. 

Unlike some firms that outsource critical steps or rely on non-lawyers for consultations, our skilled attorneys will personally guide you through each stage of the wrongful death claim process. Our transparent fee structure means no hidden costs or sudden fee hikes if litigation isn’t required, ensuring you keep a larger share of your settlement in pre litigation matters. 

With WCTL, you’ll always work with a dedicated, highly qualified attorney determined to secure the maximum compensation—and a measure of peace—for those who have suffered an irreplaceable loss.

Wrongful Death Statistics

According to the Centers for Disease Control and Prevention (CDC), there were over 2.8 million deaths in the United States in 2019. Of these, many were preventable and could have been avoided if proper care and precautions had been taken. Wrongful death statistics highlight the importance of seeking justice and compensation for families who have lost loved ones due to negligence or intentional acts.

• In 2019, there were over 36,000 deaths due to motor vehicle accidents in the United States.
• Medical errors are estimated to be the third leading cause of death in the United States, accounting for over 250,000 deaths per year.
• Workplace accidents result in thousands of deaths each year, with over 5,000 deaths reported in 2019.

These statistics emphasize the need for families to seek legal representation and compensation when a loved one’s death is caused by negligence or intentional acts. By holding the responsible parties accountable, surviving family members can obtain the financial support they need to cope with their loss and move forward.

What is a Wrongful Death Lawsuit?

Wrongful death lawsuits are filed when someone’s death is caused by someone else’s mistake or negligence. This broad definition encompasses a wide range of situations, including car accidents, medical malpractice, product liability, and workplace accidents.

If a person is killed by the misconduct of another person, a civil wrongful death lawsuit can be filed by the victim’s family or estate in order to receive compensation for damages. Whether it’s a tragic car crash caused by a distracted driver or a fatal medical error due to a healthcare provider’s negligence, wrongful death claims seek to hold the responsible parties accountable and provide financial compensation to the surviving family members.

While a wrongful death lawsuit will never be able to bring the deceased back to life, what it can do is serve as a means of financial support for the family left behind. Due to the costly nature of dealing with the death of a loved one, settlements from wrongful death lawsuits are necessary.

What are California’s Wrongful Death Laws?

California’s wrongful death laws have been created to ensure that only the deceased person’s family members and operators of their estate are entitled to receive compensation for the damages. When a wrongful death accident happens in California, there are only a few people who have the right to file a lawsuit on the deceased person’s behalf and receive compensation.

Before you begin filing your wrongful death claim in California, understand that there are certain things you (the plaintiff) must prove to be able to have a strong enough case:

• That you actually suffered damages because of the wrongful death
• The defendant was responsible for the death
• The defendant was negligent or engaged in wrongful conduct leading to the wrongful death

The burden of proof in California falls on the plaintiff to prove that the defendant is without a doubt the one who is responsible. A qualified wrongful death attorney will be able to ensure that evidence will clearly show that the defendant is guilty.

Types of Wrongful Death Claims in California

There are several different types of wrongful death claims in California unfortunately. While some are less gory than others, all of them still end in the same unfortunate way. If you are unsure if your claim qualifies as wrongful death, here are some of the most common wrongful death claims in California: 

• Car accidents 
• Truck accidents 
• Firearm Deaths
• Homicide
• Bicycle accidents
• Slip and Fall Deaths
• Medical Malpractice
• Motorcycle accidents
• Defective products/Product liability
• Construction accidents
• Failure to warn
• Animal attacks
• Workplace accidents
• Intentional acts/Criminal acts

The Importance of Finding A Local Wrongful Death Lawyer In California

 

If you are looking for an attorney for your wrongful death case, hiring a local attorney can make all the difference in navigating your case effectively. As local lawyers understand the specific laws, regulations, and court systems in your area, they can give you an edge when it comes to building a strong case. In addition to their legal knowledge, local attorneys often have connections with local experts, investigators, and resources that can be crucial to your claim.

Here are some other benefits you can get of working with a local wrongful death lawyer:

• In-depth knowledge of local laws: Each city in California has its own nuances when it comes to handling wrongful death claims. 
• Familiarity with local courts and judges: A local attorney knows the preferences and tendencies of judges and other legal professionals in the area.
• Accessibility and personalized service: Meeting your attorney in person can provide peace of mind and foster clear communication throughout the process.

If you’re looking for an experienced local wrongful death lawyer, we proudly serve clients in cities across California. Explore the links below to find help in your area:

• Los Angeles
• Irvine
• San Bernardino
• Long Beach
• San Francisco
• Newport Beach
• Woodland Hills
• Sacramento
• Beverly Hills
• Pasadena
• Solana Beach
• San Jose
• Bakersfield
• Riverside
• Fresno
• San Diego
• Glendora
• Santa Ana
• Valencia
• Fullerton
• Visalia
• Palm Springs
• West Covina

Who Is Entitled to Sue for Wrongful Death?

According to California Code of Civil Procedure 377.60, there is a list of family members who may be entitled to file a wrongful death claim against the party at-fault for the loss of their loved one. This includes the following:

• The surviving spouse: The decedent’s spouse is the first person given the eligibility to sue.
• Children or issue of the decedent: If there is no spouse or if the spouse is unwilling or unable, any child of the decedent may sue. 
• Dependent minors: If the decedent was married and both they and their spouse died, then their minor children, who have lived in the decedent’s home for at least 6 months, can sue.
• The putative spouse: A putative spouse is the surviving spouse of a void or voidable marriage that is found to have believed in good faith that the marriage was valid. Such a spouse may sue.
• Children of the putative spouse: If it is proven that the children of the putative spouse are financially dependent on the decedent, they may sue.
• Stepchildren of the decedent: If the stepchildren were financially dependent on the decedent, they may sue.
• Parents of the decedent: If the parents of the decedent can demonstrate financial dependence, such as household support, that was provided by the decedent, they will be entitled to sue. 
• If there is no surviving spouse or issue: Anyone who would be entitled to the property of the decedent by intestate succession can sue. This may include siblings, aunts, uncles, nephews, nieces, or any other person that may qualify to inherit the decedent.

If your capacity to sue is clear, from the individuals listed under this code, then you will have no difficulty. However, issues may emerge and create complications when determining whether you may qualify to file a wrongful death claim, such as being newly divorced from the decedent or if you were in a state of separation.

Types of Damages in a Wrongful Death Case

The compensation that can be acquired from a wrongful death case, often referred to as wrongful death damages, will depend on a number of factors including the extent of that loss. While there is no amount that is compensated will be able to bring back the lost victim, the definitive monetary value for wrongful death cases will always vary on the specific damages. However, the damages are often  divided into two categories: economic and non-economic damages.

Economic damages for a wrongful death case in California may include:

• Loss of financial support
• Funeral and burial expenses
• Medical expenses
• Loss of benefits
• Loss of inheritance

Non-economic damages for a wrongful death case in California may include:

• Loss of companionship
• Mental anguish
• Emotional distress
• Loss of consortium
• Loss of services provided

In some instances, punitive damages can also be awarded to the grieving family of the deceased. Though punitive damages are not a part of the actual compensation given for the loss, they serve as a way of punishing the negligent party for their actions.

How Damages are Calculated

The damages for a wrongful death lawsuit in California are calculated based on certain trivial elements. These calculations are often made with expert help from witnesses, lawyers, and medical professionals. Some of the elements behind calculating the damages for a wrongful death case in California are: 

• Age of the deceased
• Occupation of the deceased
• Life expectancy of the deceased
• Earning capacity or Lost Future Earnings of the deceased
• Size of the decedent’s surviving family
• Financial losses of the surviving family
• Emotional losses of the surviving family 
• Severity of Injury sustained
• Duration of Injury
• Insurance policy limits 

Is There a Cap on Wrongful Death Settlements?

The cap on a wrongful death settlement will depend on the jurisdiction or laws where the wrongful deaths took place. California jurisdictions do not have a cap on wrongful death settlements in relation to just economic damages.

Noneconomic damages do not have a settlement cap in California, except in cases of medical malpractice, which is limited to $500,000. However, with the passing of California Assembly Bill 35, this limit increases by $50,000 every January 1st until 2033.

The cap on a wrongful death settlement is simply a guide limit to how much compensation can be disbursed to the grieving family. If that cap is seen as unsubstantial in comparison with the damages of the case, it can be challenged. Should there be any questions or concerns regarding the settlement amount, a California wrongful death lawyer will be able to guide you through the different settlement scenarios.

How to File a Wrongful Death Lawsuit

Filing a wrongful death lawsuit is necessary if you want to receive compensation for the death of your loved one. If you have decided to file a wrongful death lawsuit, here are all the steps you need to know: 

• Consult with a California wrongful death attorney to evaluate your case.
• After consulting with your attorney, you will be able to determine the eligibility of your claim as California only lets certain family members file a wrongful death lawsuit.
• The investigation and gathering of evidence will now begin which is called the discovery process.
• During the discovery process, the amount of compensation you might be entitled to will be calculated. 
• Out-of-court settlements are not always the case but sometimes the person responsible may not want to go to court. Your lawyer will be able to help you negotiate reasonably if you decide that you want to settle the case out of court.
• If a settlement can’t be reached, the case will have to go to court in front of a judge and jury. The outcome of the case will finally be decided after the trial.
• If the verdict of the trial is not a positive outcome, you can always file an appeal. 

Is There a Time Limit To Sue in California?

California operates alongside a statute of limitations which is generally 2 years from the date of injury.  This means that from the date of the discovered death of the victim, you have 2 years to file a California wrongful death claim in order to receive any form of compensation. There are a few exemptions to this statute of limitations such as: 

• If the defendant is part of a government organization
• If the death was caused by medical malpractice, in which case you might have as long as three years to record a claim or one year from the date the injury should have been seen.
• If the 2-year deadline had passed before the discovery of the cause of death 
• If the negligent party is a minor

The allotted 2-year deadline may seem like an ample amount of time to file a wrongful death claim in California, but don’t wait too long to do so because the earlier the better. Consider speaking with a wrongful death attorney to help speed up your filing process.

West Coast Trial Lawyers is Here to Help

Losing a loved one because of someone else’s negligence or wrongdoing can be a devastating, life-altering experience. You have the right to seek accountability and fair compensation for the pain, financial strain, and emotional distress you’ve endured. 

At West Coast Trial Lawyers, our California wrongful death attorneys are ready to stand by your side, fighting tirelessly to secure the justice and closure your family deserves. While it is absolutely impossible to think money can replace a human life, but, it can be useful to solve practical problems that could arise during a loss. So if you are in need of legal representation for your wrongful death claim, we will fight for you so you will not have to suffer any more through this difficult time in your life.

Contact us today by calling (213) 927-3700 or filling out our contact form to schedule a free consultation with our experienced, caring, and compassionate legal team.

Most Frequently Asked Questions About Wrongful Death Cases In Long Beach

Is It Hard to Win a Wrongful Death Lawsuit?

Depending on the nature of the loved one’s death, it can be difficult to win a wrongful death lawsuit. If the lawsuit is against a government or medical institution, it may be difficult due to the amount of evidence required to prove negligence and/or misconduct. 

However, if there is enough sufficient evidence to support your claim and there are no complications in court proceedings, then there shouldn’t be any issue in winning a wrongful death case in a civil or criminal court.

What if a Person Dies Before Bringing a Personal Injury Lawsuit?

If the person in question has passed due an injury related to their personal injury lawsuit, then the surviving spouse or family member can take over the case and present it as a wrongful death suit. If the person dies of an unrelated injury, then it can still be transferred over to the surviving spouse or family and continue the suit.

How Is the Compensation From a Wrongful Death Claim Divided?

The divided compensation from a wrongful death lawsuit is going to be dependent on the existence of spouses, parents, direct siblings, and children. According to section 6401 of California’s Probate Code, the surviving spouse automatically gets half of recovery to the estate, and any direct children, surviving parent, or sibling will divide the remaining portion of the compensation equally. The only exception to this rule is unless the spouse and the deceased are legally separated.

For example, if a settlement needs to be divided between the spouse and the deceased person’s parents, then the spouse would receive half of the compensation and the parents would receive the remaining portion. If there is no spouse, then the parents, siblings, and children would divide the compensation equally.

Can I File a Wrongful Death Claim if I’m an Undocumented Immigrant?

Generally speaking, undocumented immigrants have the right to file a wrongful death claim and pursue compensation for damages, because the nature of their claim is not contingent upon their immigration status. The only times immigration status can become relevant to a wrongful death case is unless there is direct correlation or cause that led up to the incident in question, but those instances are extremely rare and unique.