The unexpected loss of a loved one is devastating, especially when it is caused by someone else's negligence or intentional actions. California law provides certain family members with the right to seek damages through wrongful death lawsuits.
At San Jose Personal Injury Attorneys, our compassionate Palo Alto wrongful death attorneys understand the immense grief and loss you are facing. We are committed to fighting for your rights and ensuring you receive full compensation for all the losses you have suffered due to your loved one's passing.
What is wrongful death?
A wrongful death occurs when someone is killed because of the wrongful or negligent actions of other people or entities. Under Cal. Civ. Code § 377.60, California recognizes the rights of people who have specific family relationships with people who are wrongfully killed to recover damages for their losses.
The state law allows the following people to file wrongful death claims:
- Surviving spouse, children, domestic partner, grandchildren of deceased children, or the people who would receive the proceeds of the estate by intestate succession if no surviving children remain
- Putative spouse, children of the putative spouse, stepchildren, or parents who were dependent on the decedent
- Dependent minors who lived in the home with the decedent for 180 or more days before the death and received one-half or more of their support from the decedent
Filing a lawsuit allows people with these types of relationships with the decedents to recover damages so that they can be compensated for their economic and noneconomic losses.
Wrongful death vs. survival action
Wrongful death actions are frequently filed together with survival actions under Cal. Civ. Code § 377.30. Under this statute, the estate of the decedent can file a lawsuit against the defendant to recover damages for the losses suffered by the estate for the benefit of the decedent’s heirs.
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Damages in a wrongful death lawsuit
Through a wrongful death lawsuit, people might be able to recover the following types of damages:
- Medical expenses for the decedent from the time that he or she was injured until he or she died
- The decedent’s lost income for his or her life expectancy
- Lost inheritance rights
- Funeral and burial costs
- Physical pain and suffering experienced by the decedent from the time of the injury until he or she died
- Loss of consortium and guidance
It is important to note that punitive damages are not available in a wrongful death lawsuit. Punitive damages are damages that are not meant to compensate the plaintiffs but are instead meant to punish defendants whose conduct was particularly outrageous. However, punitive damages may be available through a survival cause of action. Damages recovered in a survival action go to the estate to be divided among the heirs of the decedent by intestate succession.
Negligence in Wrongful Death Cases
Wrongful death claims can arise from either negligence or intentional acts. To prove negligence, it must be shown that the defendant:
- Owed a duty of care: The defendant had a responsibility to act as a reasonable person would under similar circumstances.
- Breached that duty: The defendant failed to meet this reasonable standard of care.
- Caused the death: This breach of duty directly or indirectly led to the accident and subsequent death.
- Resulted in financial harm: The plaintiff suffered financial losses as a result of the death.
Common scenarios involving negligence in wrongful death claims include:
- Motor vehicle accidents
- Commercial truck accidents
- Motorcycle accidents
- Slip and fall accidents
Intentional Acts and Wrongful Death
Wrongful death claims can also be filed when a loved one's death results from intentional or reckless actions. These claims can be pursued alongside criminal charges. While criminal charges and civil wrongful death actions are distinct legal processes, they can proceed concurrently.
It's important to consider pursuing a wrongful death claim even if a criminal case is ongoing due to differences in the burden of proof:
- Criminal charges: Must be proven "beyond a reasonable doubt."
- Wrongful death claims: Must be proven by a "preponderance of the evidence," a lower standard.
This means it's possible to win a wrongful death case even if criminal charges are dismissed.
Get help from an experienced wrongful death accident lawyer Palo Alto
Getting help from an experienced wrongful death accident lawyer Palo Alto is crucial when you have lost a loved one because of the negligent or intentional actions of others. Insurance companies sometimes use tactics to try to avoid or reduce the amounts of compensation that they might be forced to pay.
The lawyers at the San Jose Personal Injury Attorneys understand the tactics that are used and how to combat them. This helps us to protect our clients’ rights to recover the damages that they deserve and to help them to hold the defendants accountable for their actions. Contact us today to schedule a consultation by calling 408.217.1778.
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