Wrongful Death

Most Common Types of Wrongful Death Claims

Who Can Assert a Wrongful Death Claim?

Proving a Wrongful Death Claim

Compensation for a Wrongful Death Claim 

How Can I File a Wrongful Death Lawsuit?

Wrongful death is a civil action claim against a party who can be held liable for causing death through negligence or misconduct. 

In California, the law allows for surviving family members or the estate of the deceased individual to bring a claim against the negligent party.  The statute of limitations for a wrongful death claim is two years from the date of death.

Most Common Types of Wrongful Death Claims

• Car Accidents
• Motorcycle Accidents
• Pedestrian and Bicycle Accidents
• Premise Liability Accidents (Slip and Fall)
• Manufacturers Defect
• Drowning or Boating Accidents
• Workplace Accidents and Illnesses
• Medical Malpractice

Who Can Assert a Wrongful Death Claim?

The persons legally allowed to bring a suit for the wrongful death of another individual are the following:

• Surviving spouses
• Domestic partners
• Children
• Grandchildren (if the deceased person’s children are also deceased)
• Other minor children (such as stepchildren) who were dependent on the deceased for at least 50% of their financial support
• Anyone else who would be entitled to the victim’s property

Proving A Wrongful Death Claim

Negligence

It must be proven that the defendant owed a duty of care to the victim.

Breach

The plaintiff must demonstrate how the defendant breached this duty of care. There must be a connection showing how the duty of care was breached and how that was connected to the cause of death.

Damages

A plaintiff must prove the defendant was negligent, which resulted in injury or calculable loss. In the instance of wrongful death, this is often very well documented.

Causation

The plaintiff will have to associate the defendant’s breach of duty with the wrongful death. This is accomplished by demonstrating how the defendant’s actions or inactions directly caused the death. Also by showing the death wouldn’t have happened but for the defendant’s actions..

Compensation For A Wrongful Death Claim

If a negligent party or business has applicable insurance coverage, the insurance company may pay for wrongful death damages.  If the negligent party does not have insurance, then they are personally responsible for paying any damages received.

How Can I File a Wrongful Death Lawsuit?

The wrongful death attorneys at Smith Trial Group have handled hundreds of wrongful death claims.  Contact our wrongful death attorneys today for a free consultation on your wrongful death claim.

Contact us at 855-202-2232