Filing a California Wrongful Death Claim

Serious car or truck accidents, sub-par medical treatment, and other devastating events can cost someone their life. It’s not just the deceased who is affected. The death affects an entire family. It could mean the loss of the only income. It could mean children lose their only parent. It could mean that parents lose their child. When someone dies in California because of the negligence of another person, the family who was left behind may have a wrongful death claim that they can pursue.

California Wrongful Death Claims Are Civil Lawsuits

Wrongful Death Claims: Frequently Asked Questions

While wrongful death laws vary from state to state, the general concept remains — individuals with standing can sue the negligent party and seek financial compensation for their loss. In California, a “wrongful death claim” arises when one person dies as the result of the wrongful act or negligence of another person or entity and is brought in civil court by the survivors of the deceased person, or by the personal representative of the deceased person’s estate. In a wrongful death claim, the guilty party does not go to jail. Instead, fault is expressed solely in terms of money damages, which the court orders the defendant to pay to the decedent’s survivors (assuming the lawsuit is successful).
Types of wrongful death claims

Can I File a Wrongful Death Lawsuit Against My Deceased Spouse’s Employer?

Losing your spouse in a workplace accident is an emotional and tragic experience. When you lose your spouse unexpectedly, not only are you faced with coping with the emotional and psychological issues that often come with the loss of a life partner, but, if you have children, you may also be concerned about providing for them, along with paying your mortgage and maintaining your quality of life.

If your spouse was killed in a workplace accident that was a result of someone else’s negligence, including his/her employer’s, you may be able to file a wrongful death claim. While the employer and the employer’s attorney may tell you otherwise, workers’ compensation laws do not prohibit a spouse from filing a third-party wrongful death action against another liable party.
When Is a Wrongful Death Action Permitted Following a Workplace Accident?
If a third party other than the deceased’s employer was to blame for the workplace accident, including a car or auto accident, and death of your spouse, then you may file a wrongful death action against this party.

In California, a person with standing can bring a wrongful death action any time a death is caused by the wrongful act, negligence, default, or breach of contract of another. Examples of potentially liable parties in a wrongful death action following a workplace accident include:

The manufacturer of a dangerous/defective piece of machinery that caused the accident;
A third-party contractor or employee from another company;
The owner of a property where the accident occurred; or
Any other third party whose negligence caused the accident.

This list is not exhaustive. Discuss your potential case with an experienced wrongful death attorney.
What Damages Can I Recover in a Wrongful Death Lawsuit?

If your loved one is killed in a wrongful death accident, you may be able to recover financial compensation for your loss. These damages can include:
funeral and burial expenses
medical and hospital bills for the deceased person’s final illness or injury, and
lost income, including potential income the deceased person would reasonably have been expected to earn in the future had he or she lived
the value of household services
loss of anticipated financial support, and
loss of love, community, attention, affection, moral support, and guidance.

Contact Our Wrongful Death Lawyers Today

At Ghozland Law Firm, we understand that dealing with a loved one’s loss, especially at the hands of another, can be a traumatic and devastating experience. Our skilled wrongful death attorneys will walk you through the process, ensuring that you receive the care, attention, and financial compensation owed to you. For a free consultation, contact Ghozland Law firm today. Se habla espanol.