The death of a loved one is a devastating experience that can leave you battling with overwhelming grief. That devastation can only be compounded if the death occurred because of someone else’s negligence. If your family has experienced such a loss, you may be considering filing a wrongful death lawsuit. But can a family sue for wrongful death in California?
At Delfino Green & Green, our wrongful death lawyers have decades of experience helping those living through the aftermath of a death that was the result of wrongful or negligent conduct. We are committed to helping family members fight for compensation for what their loved ones suffered. While no legal action can undo the tragedy your family has suffered, compensation can offer the financial support you may need to move forward.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a personal injury lawsuit in which the plaintiff did not survive their injuries. A wrongful death occurs as the result of someone else’s negligent or intentional act and can be the consequence of medical malpractice, car accidents, falls, and all manner of other accidents.
Different states have different laws regarding these lawsuits and whether wrongful death by family members is allowed. Some states only allow a personal representative to bring the suit, while others let close family members file for themselves.
A wrongful death lawsuit allows family members to seek compensation for the losses that the deceased sustained as well as for the impact that their loss has on the rest of the family. This legal process makes it possible to recover non-economic and economic damages, which cover medical expenses, lost wages, emotional distress, funeral expenses, and other applicable losses.
The Role of Negligence in Wrongful Death Cases
Filing a wrongful death claim requires proving that either negligence or an intentional act resulted in the victim’s death. In the majority of cases, negligence will be the legal theory used to prove the filing family member deserves compensation.
Negligence refers to a failure to exercise the level of care that a reasonable person would have employed in the same circumstances. A family suing for wrongful death based on negligence generally needs to demonstrate that the other party owed the deceased a duty of care and that the defendant breached that responsibility, leading to the death.
Proving negligence is a complex process, especially when dealing with medical malpractice or product liability lawsuits. It’s essential that you rely on an experienced wrongful death attorney to ensure that you have the best chance of proving the other party was responsible for the death.
Can a Family Sue for a Wrongful Death Claim in California?
So can a family sue for wrongful death in California? The answer is yes. In California, a family member, including the surviving spouse and the decedent’s children, is allowed to file a wrongful death lawsuit.
Surviving Spouse and Children
The decedent’s spouse is the first person who can file a lawsuit in California, followed by the person’s children. This includes biological and adopted children, as well as stepchildren. If there is no surviving spouse and the children are underage, the court can appoint a guardian to file a wrongful death claim on their behalf. If the children are deceased, the victim’s grandchildren are allowed to file.
Dependent Minors
In some instances, minors who lived in the household and were fully dependent on the plaintiff may be able to begin a wrongful death case, even if they were not adopted. They must have lived in the household for at least six months to do so.
Dependent Parents
If the deceased person has no surviving spouse, children, or grandchildren, the plaintiff’s parents can file a wrongful death lawsuit if they are financially dependent on their child. That’s also the case if the plaintiff was unmarried and had no children. This right goes to biological parents as well as to adoptive parents.
Other Family Members
If none of these immediate family members are available, then individuals who would be entitled to inherit the deceased’s estate according to California law can file wrongful death claims. First in line are the deceased’s parents, regardless of dependency, followed by siblings or their children, grandparents, and finally, the children of a spouse who died.
If there are no surviving relatives who would be entitled to the estate, any of the next of kin would be entitled to sue for wrongful death.
Limits to the Number of Claims Filed by a Family
In some instances, there may be more than one person who wants to file a wrongful death lawsuit. The court only allows one lawsuit per decedent, however. If more than one wrongful death action is filed, the court will usually consolidate them into one claim.
Appointing a personal representative for the deceased’s estate can be a solution when there are many people eligible to file a wrongful death suit. This representative can file a single action on behalf of the claimants. The court then awards compensation in accordance with the California wrongful death statute.
The Importance of Legal Advice in Wrongful Death Cases
Wrongful death lawsuits are not only legally complicated, but they also involve overwhelming emotions. You should not have to worry about legal issues while navigating the mourning process. This is where a wrongful death attorney comes in. Your lawyer can handle your claim and take substantial stress off your shoulders during this difficult time.
A lawyer can also investigate the accident that led to your loved one’s death. They can gather evidence to help establish liability, including medical records and police reports. With a lawyer, you will have an advocate who can negotiate fiercely to get you the compensation you deserve after such a loss.
If needed, a wrongful death attorney can also take your case to court. That is an important option to have if insurers don’t cooperate during the settlement process and won’t offer fair compensation for what you and your loved one suffered.
Common Misconceptions About Wrongful Death Claims
There are numerous misconceptions when it comes to wrongful death lawsuits that could prevent people from pursuing them. Take a closer look at four of the most common ones.
Misconception 1: It’s All About Money
Wrongful death claims offer compensation to help family members who were dependent on the deceased person, but pursuing these claims also allows you to hold the defendant responsible. They could give you a chance to right a wrong, as well. For example, if your loved one died because of a faulty product, the manufacturer could recall the item, preventing others from suffering.
Misconception 2: There Is No Time Limit to File
Can a family sue for wrongful death indefinitely? Many people assume so, but California has a statute of limitations for wrongful death claims. You have two years from the death of your loved one to file the claim. If you miss this deadline, you won’t be able to recover compensation. There may be some exceptions to the time limit, so make sure to consult with a lawyer to know what to expect.
Misconception 3: Insurers Will Treat You Fairly
Insurance companies aren’t looking to help you or your family. They want to pay you as little as they can and may try all manner of tactics to get you to drop the claim or accept a low settlement. You improve your chances of getting fair compensation by hiring attorneys with experience in wrongful death lawsuits.
Misconception 4: The Claims Process Is Too Expensive
Wrongful death attorneys work on a contingency fee basis, which means they only get paid if you do. That gives you the chance to pursue compensation without worrying about further expenses. You can also usually expect your first consultation to be free.
Contact an Experienced Wrongful Death Attorney Today
After losing a loved one because of another’s negligence, you may be facing medical bills you have no idea how to pay and emotional distress that makes every day difficult. To manage the financial burden on your shoulders, you may be asking yourself, “Can a family sue for wrongful death in California?” You can, and we can help.
At Delfino Green & Green, we have years of experience fighting for victims’ rights throughout California. We know how such a tragic event can impact your life, and we’ve devoted our careers to providing the legal assistance our clients need to start healing. Contact our team to schedule a free consultation today.