In California, certain individuals may be able to file a wrongful death claim when a loved one dies due to the negligence or wrongful act of another person or entity. Survivors often deal with medical bills, burial and funeral expenses, and pain and suffering. If you lost a loved one in an accident caused by someone else’s negligence or misconduct, it’s essential to consult with an experienced wrongful death attorney. A wrongful death lawyer can help you recover fair compensation for your losses. Read on to learn who can bring a wrongful death claim in California.
What Is a Wrongful Death Lawsuit?
When a person dies because of another individual or entity’s negligence, the surviving family members may seek a wrongful death lawsuit. This type of lawsuit aims to compensate the survivors for their losses, including lost wages, funeral expenses, and the loss of companionship.
Wrongful death lawsuits are civil cases that seek monetary damages from the responsible party. These suits hold individuals or entities accountable for actions that have led to the untimely death of a loved one, providing a measure of justice and financial relief to the survivors.
Wrongful Death vs. Personal Injury Lawsuits
While both wrongful death and personal injury lawsuits arise from harm caused by another party’s negligence or wrongdoing, they differ significantly in their purpose and outcomes. Personal injury lawsuits are filed by the injured party seeking compensation for their own injuries and associated losses.
In contrast, wrongful death lawsuits are filed by the survivors or estate of the deceased to recover damages for their own losses resulting from the death. A personal injury claim focuses on the victim’s suffering and recovery, whereas wrongful death cases address the impact of the loss on the deceased’s loved ones.
Types of Wrongful Death Cases
Wrongful death cases can arise from various circumstances where someone’s negligence or intentional actions result in another person’s death.
Car Accidents
Car accidents are one of the leading causes of wrongful death claims. According to the Centers for Disease Control and Prevention (CDC), there are over 44,534 motor vehicle traffic deaths each year. These cases often involve collisions caused by reckless or impaired driving, speeding, distracted driving, or other forms of negligence.
Truck Accidents
Due to their size and weight, commercial truck accidents can result in severe injuries and fatalities. In 2022, over 5,800 large trucks were involved in fatal traffic accidents. In wrongful death claims related to truck accidents, multiple parties may be liable, including the truck driver, the trucking company, and even the truck parts manufacturer.
Pedestrian Accidents
Pedestrian accidents occur when a vehicle strikes an individual walking on the road, often resulting in serious injuries or death due to the lack of protection for pedestrians. According to the Governors Highway Safety Association (GHSA), motorists struck and killed about 7,500 pedestrians in 2022.
Motorcycle Accidents
Motorcycle accidents often result in fatalities due to the minimal protection motorcycles offer compared to cars. In 2021, over 6,000 motorcyclists died in traffic crashes. Motorcycle accidents can be caused by various factors, including reckless driving, failure to see the motorcycle, road hazards, or defective motorcycle parts.
Bicycle Accidents
Bicycle accidents can lead to severe injuries or death, especially when a cyclist is struck by a motor vehicle. Over 1,000 cyclists were killed in motor vehicle accidents in 2021. Common causes include drivers failing to share the road, distracted driving, running red lights, and dooring incidents where a parked car door opens in the path of a cyclist.
Rideshare Accidents
Rideshare accidents involve vehicles operated by drivers for companies like Uber and Lyft. Due to the involvement of both the driver and the rideshare company, these cases can be complex.
Workplace Accidents
Workplace accidents can lead to fatalities, especially in high-risk industries like construction, manufacturing, and transportation. These accidents may result from unsafe working conditions, lack of proper training, equipment failures, or violations of safety regulations.
Who Can File a Wrongful Death Claim?
Immediate Family Members
Immediate family members typically have the first right to file a wrongful death claim in California. This group includes the decedent’s spouse or domestic partner, children, and, in some cases, parents. These individuals are considered to have the most direct and significant loss due to the victim’s death.
The Decedent’s Surviving Spouse
If the deceased person was legally married, their surviving spouse has the primary right to file a wrongful death claim.
In the lawsuit, the surviving spouse can seek compensation for various damages, including loss of companionship, financial support, and consortium. The claim also covers tangible losses such as funeral costs and medical bills incurred before death.
The Decedent’s Children
The decedent’s children are also entitled to file a wrongful death claim. This right extends to both biological and legally adopted children. They can seek damages for the loss of parental guidance, financial support, and emotional suffering.
The Deceased Person’s Parents
In cases where the decedent did not leave behind a spouse, domestic partner, or children, the deceased person’s parents might have the right to file a wrongful death claim. This is particularly relevant if the parents were financially dependent on the deceased or if they experienced significant emotional loss due to the death.
Dependent Minors that Live in the Household
Dependent minors who lived in the household of the deceased and relied on them for financial support may also have the right to file a wrongful death claim. This can include stepchildren, foster children, or other minors for whom the deceased provided primary care and financial support.
A Personal Representative of the Deceased’s Estate
A personal representative of the deceased person’s estate may file a wrongful death claim. This representative, often appointed by the court, acts on behalf of the estate and seeks to recover damages for the benefit of the estate and any rightful heirs. The personal representative’s claim can include compensation for medical bills, funeral expenses, and other financial losses incurred due to the death.
The Statute of Limitations to File a Wrongful Death Lawsuit
The statute of limitations is the allotted timeframe that survivors have to file a claim. In California, the time limit to file a wrongful death lawsuit is typically 2 years from the date of the deceased person’s death. This means the lawsuit must be filed within this timeframe, or the right to sue may be forfeited.
Additionally, a claim must typically be filed within six months if the wrongful death involved a government entity. It’s crucial to consult with an attorney promptly to ensure compliance with these deadlines.
Types of Damages in Wrongful Death Lawsuits
Damages in wrongful death lawsuits are categorized into economic and non-economic damages. Economic damages cover the financial losses resulting from the death and may include:
- Medical expenses
- Funeral and burial costs
- Lost income
- Loss of benefits
Non-economic damages compensate for the more intangible losses, including:
- Loss of companionship
- Pain and suffering
- Loss of consortium
Do You Need an Attorney for a Wrongful Death Suit?
While hiring a wrongful death attorney for your claim is not required, it is highly advisable. Wrongful death cases can be complex, involving intricate legal principles, extensive evidence gathering, and negotiations with insurance companies or opposing counsel. An experienced attorney can provide invaluable assistance by:
- Ensuring all legal paperwork is filed correctly and in a timely manner.
- Collecting and presenting the necessary evidence to establish liability and prove damages.
- Skillfully negotiating with insurance companies to secure a fair settlement.
- Providing representation in court, if necessary, to recover the compensation you deserve.
Consult with an Experienced Wrongful Death Attorney in Irvine, CA
If you believe you have a wrongful death claim, consulting an experienced attorney is crucial. If you have more questions about who can bring a wrongful death claim, it’s crucial to consult with a wrongful death attorney. A wrongful death lawyer can evaluate the liability of your wrongful death case, explain your legal options, and guide you through the complexities of the legal process.
At Woodbridge Accident Lawyers, we are dedicated to helping our clients recover fair and full compensation for their losses. We maintain a 99% success rate and have recovered millions of dollars in settlements and verdicts for our clients. Call us today to schedule a free case evaluation.
