What is a Wrongful Death Lawsuit? | Golden State Accident Lawyers

A wrongful death lawsuit is a legal action filed when a person dies due to the negligence or intentional act of another party. These kinds of lawsuits aim to provide compensation for the financial and emotional losses suffered as a result of the wrongful death. A wrongful death lawyer can help the surviving family members pursue a lawsuit to hold the responsible party accountable.

What is Wrongful Death?

Wrongful death refers to a legal concept where a person dies due to the wrongful conduct of another party. This could include actions such as negligence, recklessness, or intentional harm. Wrongful death laws vary by jurisdiction, but they generally allow the deceased person’s surviving family members to pursue compensation for their losses through a civil lawsuit.

Wrongful Death vs. Personal Injury Lawsuits

While both wrongful death and personal injury lawsuits involve harm caused by another party’s negligence or misconduct, there are key differences between them.

Wrongful death lawsuits are typically filed by the decedent’s surviving family members to compensate them for their losses including medical and funeral expenses. Wrongful death suits can only be filed if the victim died as a result of the negligent or intentional actions of another party. On the other hand, a personal injury claim is filed by the injured person to seek compensation for their own injuries and losses.

Types of Auto Accident Wrongful Death Cases

Auto accidents are a leading cause of wrongful death in the United States. There are about 43,000 fatal crashes each year in the US. Common types of auto accident cases include the following:

Common causes of auto accident wrongful deaths include speeding, drunk driving, distracted driving, and reckless behavior. Surviving family members may be entitled to financial compensation for medical expenses, funeral costs, lost income, and pain and suffering.

Workplace Accident Wrongful Death Cases

Accidents in the workplace are another top cause of unintentional injuries and deaths in the United States. Workplace accident wrongful death cases occur when a person dies as a result of a preventable accident or unsafe working conditions. The number of preventable workplace fatalities increased by 5% in 2022. That year, there were 5,486 fatal workplace injuries in the US. Common types of workplace accidents include the following:

Falls, slips, and trips
Construction accidents
Electrical accidents
Fire and explosions
Falls from heights
Machinery accidents
Toxic exposure

Employers have a legal obligation to provide a safe working environment for their employees, and failure to do so can result in liability for wrongful death. Surviving family members in workplace accident wrongful death cases may be entitled to compensation for lost wages, medical expenses, funeral costs, and loss of companionship.

How Do You File a Wrongful Death Lawsuit?

Filing a wrongful death lawsuit typically involves the following steps:

Consultation with a Lawyer: The first step is to consult with an experienced wrongful death lawyer who can evaluate the case and advise on the best course of action.
Thorough Investigation: Your wrongful death lawyer will conduct a thorough investigation into the circumstances surrounding the death, gathering evidence to support the claim.
Filing the Complaint: Once the investigation is complete, the lawyer will prepare and file a complaint in the appropriate court, outlining the legal basis for the wrongful death claim and the damages sought.
Discovery: Both parties engage in the discovery process, where they exchange information and evidence relevant to the case.
Negotiation or Trial: Depending on the circumstances of the case, the parties may engage in negotiations to reach a settlement. If a wrongful death settlement cannot be reached, the case may proceed to trial.
Resolution: If the case goes to trial, a jury will hear the evidence and determine whether the defendant is liable for wrongful death. An experienced trial lawyer can advocate for you and your family on your behalf. A wrongful death lawyer will work to resolve your suit in a timely manner.

While it’s possible to pursue a wrongful death lawsuit without a lawyer, it’s generally not advisable. Wrongful death cases can be highly complex, involving legal, medical, and factual issues that are best handled by an experienced attorney. Filing a wrongful death lawsuit can be a complex and time-consuming process, so it’s essential to have the guidance of an experienced lawyer.

Compensation Available in Wrongful Death Lawsuits

Compensation available in wrongful death suits typically includes economic and non-economic damages.

Economic damages are tangible losses that can be quantified, while non-economic damages are intangible losses that are more difficult to measure. Examples of compensation available in wrongful death lawsuits include:

Medical expenses: This includes the cost of medical treatment for the deceased person’s final injury or illness.
Funeral and burial expenses: Surviving family members may be entitled to compensation for the cost of funeral expenses and burial arrangements.
Lost income: Surviving family members may be entitled to compensation for the loss of income and financial support resulting from their loved one’s death.
Loss of companionship: This includes the emotional pain and suffering experienced by surviving family members as a result of the death of their loved one.

An experienced wrongful death attorney can assess the full extent of your damages and help you pursue the maximum compensation available under the law.

Am I Eligible to File a Wrongful Death Claim in California?

Understanding who is eligible to file a wrongful death claim is crucial for those seeking legal recourse after the loss of a family member. Here are the key eligibility criteria:

Surviving Spouse or Domestic Partner

The surviving spouse or domestic partner of the deceased person is typically the first in line to file a wrongful death claim in California. This includes legally married spouses as well as registered domestic partners.

Children

If the deceased person had surviving children, they may also be eligible to file a wrongful death claim. This includes biological children, adopted children, and stepchildren who were financially dependent on the deceased person.

Dependent Minors

In some cases, dependent minors who lived with the deceased person for at least 180 days before their death may be eligible to file a wrongful death claim. This could include grandchildren or other relatives who were dependent on the deceased person for financial support and care. In addition, they must have relied on the deceased person for at least 50% of their financial support.

Other Dependent Family Members

In addition to spouses, domestic partners, children, and dependent minors, other dependent family members may also be eligible to file a wrongful death claim in California. This could include parents, siblings, or other relatives who can demonstrate financial dependence on the deceased person.

How a Wrongful Death Lawyer Establishes Proof

A wrongful death lawyer will conduct a thorough investigation into the circumstances surrounding the death and gather evidence to support the claim. This may include obtaining police reports, medical records, witness statements, and other relevant documentation.

In many cases, expert testimony is crucial to establishing liability in a wrongful death case. Wrongful death lawyers have connections with experts such as accident reconstruction specialists, medical experts, or forensic scientists who may be called upon to provide testimony.

The wrongful death attorney will gather documentary evidence such as photographs, videos, and written records to support the claim. This may include evidence of the defendant’s negligent or reckless conduct, as well as evidence of the damages suffered by the surviving family members.

Eyewitnesses to the accident or incident that led to the death may be called upon to provide testimony in support of the claim. Witness testimony can help establish the sequence of events and provide additional context to the case.

The Statute of Limitations for Filing a Wrongful Death Lawsuit

California law limits the time frame within which a wrongful death claim must be filed. In most cases, the statute of limitations for wrongful death claims is two years from the date of the deceased person’s death.

However, there are some exceptions to this rule, so it’s essential to consult with a California wrongful death lawyer to determine the applicable deadlines in your case. It’s essential to consult with an experienced wrongful death attorney as soon as possible to ensure that your rights are protected and that you meet all applicable deadlines.

Who Pays in a Wrongful Death Suit?

Ultimately, the party responsible for causing the victim’s death will be required to pay damages to the surviving family members, either through insurance coverage, personal assets, or other available sources of compensation.

It’s essential to work with an experienced wrongful death lawyer who can help identify all potential sources of compensation and ensure that you receive the full and fair compensation you deserve for your losses.

Consult with Experienced San Francisco Wrongful Death Lawyers Today

If you have lost a loved one due to the negligence or intentional actions of another party, it’s essential to seek legal guidance from experienced wrongful death attorneys. An attorney can help you understand your rights and options and guide you through the claims process.

At Golden State Accident Lawyers, our team of compassionate wrongful death attorneys can help you seek justice for your loved one and obtain the compensation you deserve for your losses. Contact our San Francisco law office today to schedule a free consultation to learn more about your legal options.