What can loved ones do after a fatal accident in California? You should know about “Wrongful Death Claims”. Insurers don’t want you to know about these claims.
What is a Wrongful Death?
For as tragic and heartbreaking as any accident is, what makes a wrongful death case is when the accident happens because of someone else’s negligence.
As you might expect, there’s a lot of different kinds of accidents that could result in a potential wrongful death claim in California. Most of the time, though, it involves things like:
- Car and truck accidents – Speeding, distracted driving, and driving under the influence are major causes of deadly vehicle accidents. Whether it’s a reckless driver, a trucking company pushing unsafe schedules, or a vehicle defect, someone may be responsible.
- Workplace accidents – Some jobs are more dangerous than others, but every workplace should be safe. Fatal accidents can happen when employers fail to follow safety rules, don’t provide proper training, or ignore hazards. Construction sites, factories, and even office buildings can all pose risks.
- Dangerous products – Companies have a legal duty to make their products safe to use. When they don’t, serious harm can happen. This includes faulty medical devices, unsafe car parts, or electronics that catch fire. If a product causes a death because of poor design or lack of warnings, the manufacturer may be held responsible.
- Hazardous consumer goods – Everyday items like food, cosmetics, or children’s toys can be deadly if they contain harmful ingredients or defects. If a company sells a product that puts people at risk, they can be held accountable.
- Unsafe properties – Property owners have a duty to keep their spaces safe. Unmaintained pools, broken staircases, or unsecured construction areas can all lead to fatal accidents. Whether it’s a private home, a business, or public property, failing to fix dangers could make the owner responsible.
Every case is different, but when negligence is involved, it gives you and your family certain options. That said, the legal process in fatal accidents can be complicated and a lot to deal with on top of everything else.
Do I Need a Lawyer for a Wrongful Death Claim?
Losing a loved one in an accident is something no one can fully prepare for. Unfortunately though, any accident in California has the potential to end up being fatal. While you don’t have to hire a lawyer to file a wrongful death claim, having legal support can make the process easier during such a difficult time. Our team can help by:
- Finding out what caused the accident
- Determining who is responsible
- Collecting the evidence needed for your case
- Guiding your family through the legal process
- Handling insurance claims or filing a lawsuit
- Representing you in court if necessary
You have the right to file a claim on your own, but dealing with legal matters while grieving can be overwhelming. Maison Law handles these cases with care, working to protect your family’s rights and get the financial support your family needs to start moving forward.
See Maison Law’s page comprehensive page about Wrongful Death in California here: https://maisonlaw.com/personal-injury/wrongful-death/.
How Do I Know if Someone was “Negligent”?
No matter what kind of accident it is, the key factor in a wrongful death case is negligence. In legal terms, negligence has four elements:
- Duty of care – The person responsible had a duty to keep others safe. This could be a driver following traffic laws, an employer providing a safe workplace, or a property owner maintaining a safe environment.
- Breach of duty – They failed to uphold their responsibility. This could mean speeding, ignoring safety rules, or selling a dangerous product.
- Breach causing the fatal accident – Their actions (the breach) directly caused the fatal accident. For example, a drunk driver running a red light and hitting you while you’re crossing the street..
- Actual harm – Losing a loved one leads to financial and emotional suffering. In legal terms, these are “damages” and this is what gives you or your family the actual legal standing to file a wrongful death claim.
Again, it’s negligence that raises the stakes from a simple tragic accident to a potential legal action. But as with any potential claim, there’s a lot that goes into the actual claims process. And this is only increased when it’s a wrongful death claim.
What are “Damages” in a California Wrongful Death Claim?
Another major difference between a wrongful death claim and a regular injury claim are the damages. In a wrongful death case, the focus is on how losing a loved one affects their family. These damages are meant to help with both the financial and emotional impact. Here’s a breakdown of the types of damages you could potentially recover:
- Loss of financial support and parental guidance – If your loved one was helping financially or playing a key role in raising children, a claim can help recover lost income, benefits, and the support the parent or spouse would have given in the future.
- Medical, funeral, or burial expenses – This covers medical bills from the accident, funeral costs, and burial expenses for you or your loved one.
- Loss of companionship – Losing someone close, like a spouse, parent, or child, means losing emotional support and companionship. This type of damage is to help cover the emotional loss that family members feel.
- Emotional suffering and grief – The pain and sadness caused by the death of a loved one can be overwhelming, and this covers costs related to the grief and emotional suffering that you and other family members go through after the loss.
- Loss of future earnings and benefits – This covers the loss of future income, such as retirement funds, social security, or health insurance.
In California, you have two years from the date of your loved one’s death to file a wrongful death claim. The earlier you start, the better your chances of getting the most compensation. While two years might seem like enough time, it’s still best to begin early. You’ll need time to gather evidence, consult experts, and protect important documents. Starting sooner helps you build a stronger case and increases your chances of recovering damages.
Who Can File a Wrongful Death Claim?
Another major difference with a wrongful death claim in California is that only certain people can file it. Under Section 377.60 of the Code of Civil Procedure (CCP), wrongful death claims can only be filed by:
- The person married to or in a registered domestic partnership with the deceased, or;
- The biological or adopted child of the deceased if there is no surviving spouse or domestic partner.
If there is no spouse or children, other close family members who would inherit from the deceased can file, including:
- Parents of the deceased
- Siblings (brothers and sisters)
- Cousins (in some cases)
- Common-law spouses, their children, or stepchildren
- Personal representatives of the estate named in the will
Figuring out who can file the claim is not always straightforward, especially if there’s no spouse, children, or will. But typically, it’s family members or close loved ones who take on the responsibility of filing the wrongful death claim. This is another area where our experienced wrongful death lawyers can help you and your family.
Get a Free Consultation with Maison Law
Losing a loved one in an accident is incredibly hard, and wrongful deaths often leave families unsure of what to do next. Our team of wrongful death lawyers in California is here to guide you through this tough time.
You don’t have to face this alone. At Maison Law, we understand how challenging wrongful death claims can be. While we can’t bring your loved one back, we can help your family move forward. Visit Maison Law today for more information.
