The death of a loved one is one of the hardest things to go through in life. Losing someone you love is heartbreaking and difficult to understand. It often overwhelms the surviving family members with profound pain, grief, and sorrow. Nobody is ever prepared for the sudden death of a loved one, but when that loss is due to someone else’s negligence or carelessness, it is incredibly upsetting.

Under California law, wrongful death happens when someone dies due to another person’s unlawful actions or negligence. An injustice occurs when someone you love dies unexpectedly from a wrongful death accident. The loss brings emotional and physical grief, life-changing events, and financial strain. You have the right to pursue damages for the wrongful death of your loved one. While no amount of money can compensate for your loss, and you can never put a value on your loved one’s life, monetary compensation can help lessen the stress you and your family may be feeling. It will allow you to recover damages for emotional suffering, money for funeral expenses, and loss of income.

It is a lawsuit seeking damages against an insurance company, business, government entity, or an individual who has negligently or intentionally caused the death of your loved one.  However, a legal claim for wrongful death is just a lawsuit. It represents a personal injury claim for your loved one who did not survive their injuries. The senseless and sudden death impacts you in numerous ways, and a settlement can never replace the loss you feel every day.

There are many causes of wrongful death. The most common are:

• Car accidents
• Defective products
• Medical Malpractice
• Misdiagnosis
• Workplace accidents

To move forward with a wrongful death case, it must be proved that your loved one’s death resulted from wrongful acts or negligence of the defendant. For example, in a medical malpractice case, if your loved one’s chances of survival were less than 50% before the responsible party’s actions, a wrongful death claim may not be valid.

Under California law, a justifiable homicide does not qualify as a probable wrongful death case. The family will not file a wrongful death case if someone is killed while committing a crime. If someone commits suicide while under the care of a responsible person in charge of their safety, the accused party can be held liable if the actions and negligence of that party aided the suicide.

Surviving family members or heirs of the deceased victim can bring forth a wrongful death case. Individuals can sue the responsible party for monetary damages. They can pursue a wrongful death claim, which includes the following:

• Spouses
• Children
• Domestic Partners
• Stepchildren
• Putative Spouse (someone who was not legally married to the decedent but has the belief that a marriage was entered in good faith)
• Minor children (any child who lived in the decedent’s home for 180 days before the death of the decedent provided at least 50% support)

While money cannot truly compensate you for the death of your loved one, your recovery can ease the financial sufferings that result from the loss.  Surviving family members of a decedent may be entitled to the full ing:

• Funeral and burial expenses
• Medical expenses
• Loss of companionship and moral support
• Lost future income
• Lost inheritance
• Loss of guidance and care of a parent

A wrongful death claim must be filed within a specific time frame. According to California law, there are three statutes of limitation to consider for a wrongful death claim.

• California law requires a wrongful death claim to be filed within two years of the injury or death.
• If the claim is based on medical malpractice, it is three years from the incident date, one year after the injury was discovered, or whichever comes first.
• The claim must be filed within six months of the injury if it is based on a government entity.

There are many rules and measures to comply with a wrongful death claim, and that’s why having an experienced lawyer behind you can help guide you through the rules.

Amid the mourning and planning for a funeral, the last thing on your mind is worry about filing a wrongful death claim. The lawsuit can be emotionally taxing and very disruptive to a grieving family. When someone else caused the death of your loved one, you should not have to carry the expenses alone. Our experienced wrongful death lawyers understand the hardships you are facing. We will guide you through your options for legal action against the responsible party.

The following video explains more about wrongful death claims.

If you have lost a loved one due to someone’s wrongful actions, you will need an experienced lawyer. Call our Ripon wrongful death lawyers today at (209) 227-1931 or (800) 404-5 00 for free, friendly, and compassionate legal advice.

We’ve been helping clients in Ripon and throughout Northern California obtain compensation for wrongful death and personal injury cases since 1982.

See our past verdicts and settlements.

^{Editor’s Note: updated [cha 9.1.23] Photo by rawpixel.com from Pexels cha [cs 908]}