Riverside Wrongful Death Attorney

Unfortunately, a wrongful death often happens at the most surprising and inconvenient times. We at West Coast Trial Lawyers know how these terrible situations can affect those who are left behind. Our deepest condolences go out to anyone who has experienced this tragedy. 

During this stressful time, many people have concerns about how this life-altering experience will affect them in the long run. If you had a loved one pass as a result of a wrongful death, you may have the right to recover compensation for your

The compensatory damages made available in a wrongful death claim can encompass:

• Emotional Distress

• Lost Wages

• Property Loss

• Medical Bills 

• Loss Of Consortium

• Funeral and Burial Costs, and more  

goes on to detail which family members can recover damages if a loved one was killed because of the negligence of another. 

As explained by the California Code of Civil Procedure 377.60, there are only certain family members who are entitled to compensation in a wrongful death lawsuit, including: 

• The decedent’s spouse

• The decedent’s registered domestic partner

• The decedent’s children

• The decedent’s grandchildren, if the decedent’s children are deceased

• Any minors who were at least 50% dependent on the deceased for financial support

• Any individual entitled to the decedent's property according to California's intestate succession laws 

• The death of an individual

• That the negligence or reckless actions of the defendant caused the death

• That the surviving family members have suffered financially and emotionally

In a wrongful death lawsuit, it is the burden of the plaintiff to prove that a negligent act caused the death of their loved one. They can do this by providing the jury with significant evidence or proving that the defendant’s actions directly caused the death. If the plaintiff can convince the jury, then they will typically recover damages.      

The defendant, on the other hand, does not have to prove anything. In the case that the plaintiff can not prove negligence, the defendant may not even need to present any evidence. They may, however, use an affirmative defense, which will reverse the lawsuit and can result in the defendant having to prove that the defense should be applied.  

Surviving family members can bring a wrongful death suit to court for a death caused by negligence, gross negligence, recklessness, and especially for a deliberate wrongful act.

• Car accidents, including DUI incidents

• Pedestrian "knock down” accidents

• Slip and falls

• Drowning  

• Police negligence

• Murder/manslaughter

• Elder abuse and/or neglect

• Nursing homes

• Child abuse and/or neglect

• Assault and battery

• Medical malpractice

Surviving family members can also sue under strict liability. For example, if the death of a loved one was caused by a defective product, then you may have a defective product case. 

1. A Riverside woman was awarded almost $2 million in a product liability negligence case after she was burned by an exploding e-cigarette charger. 

Damages in a wrongful death suit are awarded to family members to help relieve their financial burden.  

How does the court determine how much surviving family members must be compensated for? The period of time during which these damages are recoverable is typically the shorter of:

• The decedent’s life expectancy when the wrongful act took place

• The life expectancy of the plaintiff when the wrongful act took place

• Financial support that the decedent would have reasonably contributed to his or her family throughout their lifetimes

• Loss of benefits or gifts the surviving family members would have reasonably expected to receive had the deceased not lost his or her life

• Funeral and burial costs

• Companionship

• Protection

• Moral Support

• Training and Guidance

• Affection

• Sexual Relations

Unfortunately, surviving family members usually cannot collect punitive damages in a wrongful death claim. The only exception is if the deceased was killed due to a felony homicide where the defendant is already convicted. 

To receive punitive damages, a family member would have to file a “survival” cause of action on behalf of the decedent’s estate. 

This statute allows a decedent’s estate to recover damages for injuries endured by the decedent before death, such as if a victim went into a coma after an accident and then died weeks later. Recovery can also include damages to the estate due to the plaintiff’s death.

Survival action requirements are set forth by the California Code of Civil Procedure 377.30  Damages available in a survival action may include:

• Emotional Distress

• Lost Wages

• • Property Loss

• Medical Bills 

• Loss Of Consortium

• Funeral and Burial Costs, and more

California’s statute of limitations is the same for both wrongful death and survival action, which is two years. For wrongful death cases, the timeline begins as soon as the person is deceased. With survival actions, the decedent’s estate has exactly two years to file from the later of:

• The date of the injury or 

• Six months after the death

Exceptions to the statute of limitations include situations where the “discovery rule” applies. This exception allows a grace period if it is not obvious when the victim died or if the plaintiff did not know when the victim died. In these cases, the timeline usually begins when the family becomes aware of the death. 

Another exception includes situations where a government employee is at fault for the wrongful death. In these types of cases, you are only allowed 6 months after the death to file a wrongful death claim.

Unfortunately, it is not uncommon for a hospital’s mistake to cause a wrongful death. When the negligence of a nurse, doctor, or aid causes the death of a loved one you may have a wrongful death lawsuit.

How To Prove Loss Of Consortium

Wrongful deaths involving children are complicated because rewards are based on the value of a child’s life in relation to the survivors, which is never easy. 

A wrongful death attorney at our firm can help you recover financial compensation for the losses you have suffered on behalf of your loved one. Call us today at (951) 393-1200 or email [email protected] to schedule a free consultation with our experienced, caring and compassionate legal team.