California’s fatal injury rate reached an all-time high between 2018 to 2022, with 59.84 unintentional deaths for every 100,000 individuals. The leading causes of death were motor vehicle accidents, falls, poisonings, drownings, and fires among other causes.
In California, surviving family members have the right to file a wrongful death claim to seek justice and obtain the compensation they deserve. The laws dictate who can file when they can file, and what damages they may recover. To ensure your family follows all state laws, it is essential to hire an experienced wrongful death attorney to handle your claim to achieve maximum compensation. Learn what you should know about a wrongful death claim in California and the rules surrounding it to build a strong case and achieve a successful outcome.
What is Wrongful Death?
A wrongful death claim is intended to provide compensation to the family of the deceased who was killed due to the negligent actions of another. While the defendant may not have intended any harm, their irresponsible actions contributed to someone’s death and they can be held accountable. These types of claims are considered civil cases in the state of California and are separate from any criminal charges related to the same incident. Wrongful death claim compensation can cover economic and non-economic damages that range from loss of financial support, and funeral and burial expenses, to loss of companionship.
Led by founder and senior partner Daniel Rodriguez, Rodriguez and Associates’ team of highly skilled California wrongful death attorneys has a track record of winning significant verdicts and seeking maximum settlements for our clients. When your loved one is killed due to the negligence of others, our team can help review your case and is prepared to fiercely pursue justice for you and your family every step of the way.
Common Causes of Wrongful Death
Coping with the loss of a loved one from the negligent or intentional actions of another can cause trauma and grief for families. The emotional turmoil can be overwhelming, however, it’s important to know if you have grounds for legal action. Understanding the common causes of wrongful death can guide families in identifying if they may have a wrongful death claim. In general, if your loved one could have filed a personal injury claim had they survived, likely you can pursue a wrongful death claim.
Some of the situations that may lead to a wrongful death claim in California are:
- Transportation Accidents: Car accidents, truck accidents, bicycle accidents, pedestrian incidents
- Workplace Accidents: Heavy equipment accidents, crushing incidents in industrial settings, slips, trips, and falls, falls from heights, fires and explosions in buildings, electrical accidents and electrocutions, toxic chemical exposures
- Aviation Accidents: Plane and helicopter crashes
- Boating and Watercraft Accidents
- Medical Malpractice Incidents: Negligent actions by medical professionals, doctors, surgeons or other healthcare facilities
- Product Liability: Defective products, manufacturing defects, design defects, false marketing, auto defects
- Other Types: Drownings, fires, assaults, acts of violence, school violence, sports accidents, dog bites, police violence
Who Can File a Wrongful Death Lawsuit
In California, wrongful death cases can only be filed if the negligent actions of another person or company caused the death of an individual. The California Wrongful Death Statute outlines that only certain parties have the right to file a lawsuit.
Persons eligible to submit a wrongful death claim are grouped into the following priority levels:
- Spouse or Domestic Partner
- Children
- Grandchildren
- Other heirs such as parents or siblings or the decedent
- Financial Dependents of the decedent
If no direct relatives exist, any individual that could inherit the decedent’s estate can file a claim including the decedent’s putative spouse, children of the putative spouse, or the decedent’s stepchildren, parents, or legal guardians.
What Damages Can I Claim in a Wrongful Death Lawsuit
A wrongful death lawsuit is intended to compensate the family of the deceased and their estate for any losses sustained from the negligent parties’ actions. California state laws dictate that compensation for wrongful death cases is categorized into one of two categories: economic damages of tangible, financial losses, and non-economic damages that cover pain and suffering.
Economic Damage Examples:
- Expenses for funeral and burial
- Medical bills and injury expenses
- Loss of income from the deceased
- Loss of expected gifts or benefits
- Value of household services provided by the deceased
Non-Economic Damage Examples:
- Loss of love, companionship, and care between the deceased and their spouse
- Loss of the deceased’s guidance and moral support
- Loss of comfort, care, and protection from the deceased
Based on the specifics of your loved one’s case, the value of these damages can vary significantly and often reach substantial amounts. It’s important to work with an experienced wrongful death lawyer who can fully assess these damages, determine what your family is entitled to claim, and accurately estimate the potential settlement value.
When Should I File a Wrongful Death Claim
In the state of California, wrongful death cases have a statute of limitations of two years from the date of the decedent’s passing. This means that you must file a wrongful death lawsuit before the two-year deadline, otherwise, you will most likely lose your right to file a claim. There may be factors that extend the time limit within which a wrongful death suit may be filed, including an exception known as the discovery rule. The rule states that the two-year statute of limitations only takes effect once the decedent’s family members are made aware of their death. It is essential to contact an experienced California wrongful death attorney who can help review your legal options and pursue a lawsuit within the appropriate time limit.
Contact One of Our Bakersfield Wrongful Death Attorneys
With decades of personal injury and wrongful death legal experience, our skilled team of Bakersfield wrongful death attorneys have successfully litigated dozens of cases and obtained record settlements for our clients. Daniel Rodriguez and partners Joel Andreesen, Chantal Trujillo, and Danay Gonzalez secured a $12 million wrongful death verdict in 2023 for the family of a man who was killed in a tragic job site incident. Our team is prepared to assist you with negotiated settlements, however, we will not hesitate to take your case to trial if the insurance company presents a lowball offer or the negotiations don’t produce the results our clients deserve.
Rodriguez & Associates is located in downtown Bakersfield, California. We are available for weekend and evening appointments and speak both English and Spanish. Contact Us to schedule a no-fee consultation or please call (661) 777-7575 or 800-585-9262 Toll-Free to speak with one of our Bakersfield wrongful death lawyers today.
Additional reading:
Deaths and Injuries due to All Injury among Persons Aged All Ages Years, 2018 to 2022, United States