When a loved one dies we experience a range of emotions and grieving is a long, difficult process. If the death was caused by the negligent or reckless actions of another person, the burden can become even harder to bear. By pursuing a wrongful death lawsuit, it may be possible to find justice.
Deldar Legal provides families who have lost loved ones with compassion and objective insights while fighting for their right to meaningful compensation. Although no amount of money can ever replace another person, we believe negligent parties must be held accountable for their actions.
Wrongful Death in California
There are several key elements involved in a wrongful death claim. First, it must be shown that the defendant owed the decedent a duty of care. For example, motor vehicle drivers have a legal obligation to operate their vehicles safely and avoid causing harm to others. Next, there must be proof that this duty of care was breached.
A person who drives under the influence and causes a fatal accident has clearly violated that duty. Finally, it must be established that the breach of duty directly resulted in the wrongful death.
Insurance companies often play a major role in these cases and may attempt to dispute liability or minimize the value of the claim. They frequently challenge evidence and causation to reduce payouts, making it important to build a strong, well supported case.
Who Can Bring a Wrongful Death Lawsuit?
In California, the following parties can bring a wrongful death lawsuit:
- The surviving spouse of the deceased person
- The deceased person’s domestic partner
- Surviving children of the deceased person
- Parents or siblings of the deceased person (if there are no direct survivors)
- Others who were financially dependent on the deceased person
Common Causes of Wrongful Death
Although a variety of circumstances can be the basis for a wrongful death claim, some of the most common include:
- Auto Accidents:
The National Highway Traffic Safety Administration (NHTSA) reports that as many as 35,000 people are killed in automobile accidents throughout the U.S. each year, whether due to distracted driving, speeding, driving under the influence, or mechanical defects.
- Commercial Truck Accidents:
Because of the size and weight of commercial trucks, collisions with passenger vehicles are often deadly. The average automobile, for example, weighs about 4,000 pounds, while a tractor-trailer can weigh more than 80,000 pounds – a collision can easily lead to fatalities of the smaller vehicle’s occupants. Negligent trucking companies and truck drivers can be liable for wrongful death.
- Defective Products:
Manufacturers are obligated to ensure that the products they provide consumers are safe. If manufacturers, distributors, retailers, and product designers provide defective products or fail to warn the public of the risks associated with a product, they can be held accountable for wrongful death.
- Workplace Accidents:
Construction sites, manufacturing plants, and other dangerous work environments expose workers to hazards such as falls, burns, explosions, harmful chemicals, and other dangerous substances. On-the-job fatalities that result from negligence can lead to a wrongful death claim.
What Types of Damages are Available in a Wrongful Death Lawsuit?
While each case is unique, damages can be awarded to the estate for losses related to the death such as past and future lost wages and benefits, reasonable medical expenses related to the decedent’s final injury or illness, and funeral expenses.
Additionally, surviving family members can recover damages for the value of financial support and household services the decedent provided to the family as well as for the loss of love, companionship, and guidance.
Can You Claim Punitive Damages in a Wrongful Death Claim?
In California, wrongful death claims are typically focused on compensating surviving family members for their losses. However, in certain situations, punitive damages may also be available through a related survival action.
Punitive damages are not meant to compensate for losses. Instead, they are designed to punish especially reckless or intentional behavior and to deter similar conduct in the future.
These damages may be considered when the at-fault party’s actions involved:
- Gross negligence
- Reckless disregard for safety
- Intentional misconduct
Examples may include cases involving drunk driving, extreme safety violations, or knowingly dangerous behavior.
It is important to understand that punitive damages are not automatically included in every wrongful death case. They require strong evidence and a specific legal strategy.
At Deldar Legal, we carefully evaluate whether punitive damages may apply and how to pursue them effectively under California law. Our goal is to hold wrongdoers fully accountable, not just financially, but in a way that reflects the seriousness of their actions.
Wrongful Death FAQs
The value of a wrongful death case depends on several factors, including the financial support the deceased provided, the circumstances of the incident, and the emotional impact on surviving family members. In California, compensation may include loss of income, funeral expenses, and loss of companionship.
In most cases, you have two years from the date of death to file a wrongful death claim in California. Certain exceptions may apply, so it is important to speak with a wrongful death lawyer in Los Angeles as soon as possible.
Many wrongful death cases are resolved through settlement, but some do go to trial if a fair agreement cannot be reached. Having a legal team prepared to take your case to court can make a significant difference in the outcome.
Contact A Wrongful Death Attorney Servicing Campbell and Los Angeles
At Deldar Legal, we provide compassionate, respectful support to families facing the pain of losing a loved one. If you are searching for a wrongful death attorney near me or an attorney for wrongful death near me, our team is here to guide you through this difficult time and help you pursue justice.
Our firm has the experience, resources, and dedication needed to handle complex wrongful death claims. We work closely with trusted investigators, medical professionals, and financial experts to prove how negligence led to your loved one’s death and to secure the compensation your family deserves.
Deldar Legal proudly serves clients across California, including Irvine, Los Angeles, Riverside, Sacramento, San Diego, San Francisco, and West Covina. If negligence caused your loss, you do not have to face it alone. Contact us today for a free consultation or fill out the form on our website to get started.