When someone's negligence or intentional actions cause another person's death, the decedent's family could file a wrongful death claim. This claim could help these survivors compensate for their losses.
Understanding Wrongful Death
Wrongful death claims allow victims’ families to pursue justice. They seek compensation for losses due to a loved one’s death.
These claims differ from personal injury claims. Personal injury cases involve injuries suffered by a living individual. In contrast, wrongful death claims arise from fatalities resulting from actions like negligence or intentional harm. The state recognizes the suffering of family members left behind. Therefore, it allows them to hold responsible parties accountable.
Legal Grounds for Wrongful Death Cases in California
Negligence
Negligence represents the most common ground for wrongful death claims. It occurs when someone fails to exercise reasonable care, resulting in harm to others. For example, a driver may text while driving. This distraction could lead to a fatal accident. In this case, the driver's negligence directly leads to a loss of life.
California law requires plaintiffs to prove four elements of negligence in wrongful death cases:
- Duty
First, the plaintiff must show that the defendant owed a duty of care to the deceased. - Breach
Next, they must prove that the defendant breached that duty. - Causation
In this step, the plaintiff must establish that the breach directly caused the death. - Damages
Lastly, they must demonstrate that they suffered damages as a result.
Intentional Misconduct
Intentional misconduct refers to actions taken with the intent to cause harm. Examples include homicide, assault, or any deliberate act that results in death. In these cases, the law holds the responsible party accountable for their actions. Plaintiffs can pursue wrongful death claims against anyone who intentionally harms another.
Legal implications of intentional misconduct in wrongful death cases differ from those in negligence cases. The burden of proof shifts in intentional cases. Plaintiffs must prove that the defendant's intent led to the deceased's death. For instance, a person may shoot another during a confrontation. The victim's family can pursue a wrongful death claim against the shooter for intentional misconduct.
Strict Liability
Strict liability applies in situations where a party's actions cause death, regardless of intent or negligence. This legal concept often appears in product liability and certain environmental cases. For instance, if a defective product causes a fatal injury, the manufacturer may face a strict liability claim. The victim's family doesn't need to prove negligence or intent; they only need to show that the product was defective and caused the death.
Examples of situations that may lead to strict liability claims include hazardous materials leaks and defective automotive parts. California's laws protect consumers. They establish clear guidelines about manufacturer accountability.
Parties Who Can File a Wrongful Death Claim
In California, specific individuals have the legal right to file a wrongful death claim. Generally, the deceased's immediate family members, such as spouses, children, and parents, have standing. However, the law extends this right to domestic partners and, in some cases, putative spouses.
The hierarchy of claimants plays a crucial role in determining who can file. The law prioritizes immediate family members first. If no immediate family exists, others may step in, such as siblings and grandparents. This system ensures that those closest to the deceased have the first opportunity to seek justice.
Potential Damages in Wrongful Death Cases
Surviving family members can recover two main types of damages in wrongful death cases: economic and non-economic damages.
Economic damages cover tangible financial losses. These include funeral expenses, medical bills incurred before death, and lost wages the deceased would have earned. Families can seek compensation for the financial support they would have received from their loved one.
Non-economic damages compensate for intangible losses. These can include loss of companionship, emotional distress, and loss of guidance for minor children. Non-economic damages aim to address the pain and suffering resulting from the loss of a loved one.
While economic damages often have clear financial values, quantifying non-economic damages can be complex. Courts may consider the deceased’s relationship with survivors and the impact of their absence on family dynamics. An attorney can help survivors calculate these damages.
The Process of Filing a Wrongful Death Claim
Filing a wrongful death claim involves several essential steps. First, the claimant must establish a valid legal basis for the claim. Gathering evidence is crucial, including police reports, medical records, and witness statements. This evidence helps establish negligence or intentional misconduct.
Next, claimants should notify potential defendants of their intent to file a claim. Consulting with an experienced attorney can significantly benefit claimants. An attorney understands the complexities of the law and can navigate the legal system effectively.
Once the evidence is gathered, and legal grounds established, the plaintiff can file a formal complaint in court. The court will specify deadlines and procedures for the claim, and claimants must adhere to these rules to avoid delays or dismissal. After filing, both parties will engage in discovery. This process allows them to gather more evidence and strengthen their respective cases.
During negotiations, plaintiffs may receive settlement offers from defendants. Accepting a settlement may resolve the case quickly, but it's crucial to evaluate offers carefully. An experienced attorney can help determine whether a settlement adequately compensates the family for their losses. If negotiations stall, the case may proceed to trial, where a judge or jury will determine the outcome.
If you’ve lost a loved one due to another person’s actions, reach out to Palmer Rodak & Associates right away. We can help you seek wrongful death damages. Contact us online or call us at (760) 573-2223 to schedule a free consultation.
