Wrongful death in California refers to an individual’s death being caused by another person’s misconduct or negligence. These cases can be stressful and traumatic for the individual’s loved ones and complex from a legal point of view. A wrongful death attorney in Beverly Hills can help you navigate the legal system and ensure the right parties are held accountable.
Who Can File a Wrongful Death Lawsuit?
Wrongful death cases can be filed by close family members of the deceased individual. Eligible family members include:
- A spouse or domestic partner
- Children or stepchildren who received 50% or more of their financial support from the deceased
- Grandchildren (if the deceased was financially supporting them)
- Other minors who received at least half of their financial support from the deceased
- Anyone who would inherit under intestacy laws
A wrongful death attorney can explain the eligibility rules and help you understand whether you have a right to make a wrongful death claim in your specific circumstances.
Common Causes of Wrongful Deaths
Wrongful death can occur for several reasons, including:
- Car accidents
- Defective products
- Workplace accidents
- Medical malpractice
- Pedestrian accidents
- Aviation accidents
Who Can Be Held Liable in Wrongful Death Cases?
An individual or company can be considered liable in a wrongful death claim if they had a duty of care to the person who died and it can be proven their negligence led to the person’s death.
An important part of the case is proving who was negligent. For example, if a doctor advises someone to have an operation to fit a medical device, and that device turns out to be defective, which party in the chain was negligent? Was it the doctor who recommended the surgery, the individual who performed the surgery, or the manufacturer of the device?
Wrongful death cases can be complex, so it’s important to work with a lawyer who understands the nuances of how fault and negligence are considered in Beverly Hills.
Proving Negligence in Wrongful Death Cases
Proving negligence can be a time-consuming process that requires collecting evidence about the accident, medical records, and information from witnesses. It’s easiest to do this soon after the accident happens.
If you recently lost a loved one in circumstances that could be argued as wrongful, seek advice from a wrongful death lawyer to start the process while the records and information are readily accessible.
The person being pursued for damages may attempt to show they weren’t negligent and that the decedent contributed to the incident in some way. For example, if an individual dies while working on a construction site, their employer may attempt to prove that the worker failed to adhere to safety protocols, contributing to the accident.
Proving negligence can take time, and working with an experienced lawyer makes navigating the case an easier process.
What Damages Can You Recover from a Wrongful Death Case?
In California, survivors who file a wrongful death case can claim four types of damages. They are:
- Burial and funeral expenses
- Loss of income and financial support
- Loss of consortium and companionship
- Pain and suffering (in some cases)
Survival Actions vs. Wrongful Death
Wrongful death cases are one type of legal action that can be brought against an at-fault party after a serious accident or injury. However, there’s another type of lawsuit, known as a survival action, which compensates the victim’s estate for losses that were suffered due to the defendant’s actions but prior to the victim’s death.
In contrast, wrongful death lawsuits aim to compensate the victim’s family for losses incurred due to the victim’s death. It’s possible for both types of cause to be brought against the same defendant.
How Long Do You Have to File a Wrongful Death Claim?
In most cases, a person has 2 years from the date of the victim’s death to file a wrongful death claim. If someone is injured in an accident but doesn’t die until several weeks or months later, the 2-year period doesn’t start until the accident victim has passed.
However, if a minor child loses a parent, they have until 2 years after they turn 18 to file a wrongful death claim. In some rare cases, the deadline for starting a claim may be extended, such as in medical malpractice class action lawsuit cases where the families had no way of knowing, until much later, that there were grounds for a wrongful death claim to be made.
Why Hire a Wrongful Death Attorney?
Losing a loved one can be a stressful and traumatic experience. If you were dependent on that individual for financial support, navigating life without them can be particularly challenging. Wrongful death claims help reduce some of the burden faced by bereaved family members. Understanding the legal system and filing a claim that has a high chance of success is difficult for most people. If you’ve lost a loved one and are considering filing a wrongful death lawsuit, contact us at BD&J for compassionate legal advice from our experienced professionals.
