What to Know About Wrongful Death Lawsuits

filing lawsuitWhat Qualifies for a Wrongful Death Lawsuit?

Wrongful death claims are part of tort law, which is an unintentional act that harms another person; this is different from criminal law involving intentional wrongdoing. 

A wrongful death lawsuit is filed when someone dies due to another person’s negligence. The primary objective of a wrongful death lawsuit is to compensate the victim’s family for their loss.

The most common accidents where a wrongful death claim may be filed involve:

  • Car accidents
  • Motorcycle accidents
  • Truck accidents
  • Bicycle accidents
  • Pedestrian accidents

 

Regulations book. Law, rules and regulations concept. 3d illustrationWhat Is a Wrongful Death Lawsuit?

Wrongful death lawsuits, like personal injury claims, are based on the legal principle of “negligence.” In some cases, they may involve an intentional act, but generally, it results from someone else’s reckless actions.

In order to prove another party’s negligence in a personal injury claim, including a wrongful death lawsuit, the following must be demonstrated:

  • Duty of Care: The defendant owed a duty to act with reasonable care to prevent harm to the victim.
  • Breach of Duty: The defendant failed to uphold this duty of care.
  • Causation: This breach of duty directly caused the victim’s death.
  • Damages: The surviving family members of the deceased suffered financial and/or emotional losses as a result of the death.

If it can be proven that the victim’s passing resulted from negligence, financial compensation may be awarded to the surviving family.

An experienced wrongful death attorney in Bakersfield, CA can provide a detailed explanation of recoverable damages, including economic losses and non-economic losses. 

 

Who May Be Liable for Wrongful Death Claims?

Wrongful death lawsuits can be brought against a broad range of parties whose reckless actions contribute to fatal accidents, including:

  • Individuals: This includes drivers under the influence of drugs or alcohol, distracted drivers, or other negligent drivers.
  • Companies: Manufacturers, distributors, or installers of defective products that caused the fatality may be liable in wrongful death suits.
  • Government Entities: In instances where a government agency’s negligence, such as failing to maintain roadways or traffic signage, contributes to a death, they may be found responsible. ***The statute of limitations is shorter when a city or government entity is involved.

This list is not exhaustive, and the specific liable parties will depend on the unique circumstances of each wrongful death case.

 

The Conditions of Wrongful Death Lawsuits

Cases surrounding fatal accidents are particularly threatening to insurance companies, as they hold much value, significantly impacting their bottom line. Consequently, they will make aggressive efforts to minimize a wrongful death settlement and discourage surviving family members from pursuing damages. To ensure proper case preparation, these key areas should be familarized.

Social public concept. Structure from wooden blocks with icons of people on a blue background. 3D rendering.Who Can File

Because the role of a lawsuit is to compensate for the damages that the family has suffered, only specified parties are eligible to file a wrongful death claim. This will vary by state, but under the California Code of Civil Procedure §377.60, the following are eligible in Bakersfield, CA: 

Immediate Family Members

Spouses, children (including adopted children), and parents of unmarried decedents generally have a right to wrongful death action.

Extended Family

Eligibility may extend beyond immediate family and include domestic partners, financial dependents of the deceased, and putative spouses (individuals who believed in good faith they were married to the deceased).

Distant Relatives

In some wrongful death cases, if the decedent was not married and did not have children, more distant relatives, such as siblings and grandparents, may also file a wrongful death lawsuit.

Financial Dependency

Anyone who suffers a financial loss due to the death may file a wrongful death suit, even without a blood or marital relationship, such as stepchildren and putative spouses.

Calendar page with red pen close up. Focus on number 15 in calendar and empty red circle for design in your ideas and work conceptThere Is a Limited Amount of Time to File

The statute of limitations is a designated timeframe for filing a lawsuit, and it varies based on the type of personal injury case. Once it expires, the legal claim is no longer valid. The time period to file for personal injury cases, including wrongful death cases, is typically two years from the date of injury or death.

However, there are some exceptions. If it is later determined that the death directly correlates with a past accident, the filing period extends from the date of death to one year from the date of discovery.

Wrongful death suits can be circumstantial, and more exceptions may apply. To protect case eligibility, it is always best to confirm the statute of limitations with a local wrongful death lawyer.

Difficulty in Proving Wrongful Death

A critical component of any wrongful death case is demonstrating that the defendant’s negligence directly caused the accident that resulted in the wrongful death. Known as legal causation, this concept mirrors the principles used in personal injury cases, particularly those involving accidents.

This means that to prove wrongful death, the defendant’s negligence must be indicated as the proximate cause of the underlying accident that resulted in the fatal accident.

This can be accomplished by obtaining evidence to substantiate the case, including police reports of the initial accident, medical records, and witness statements.

However, obtaining such evidence or knowing where to begin can be challenging for those unfamiliar with the legal system, incentivizing the need for professional legal help.

Health care billing statement with stethoscope, bottle of medicine for doctor's work in medical center stone background regarding an injured person suffering from physical injury of a car accidentEstablishing the Value of a Wrongful Death Claim

The value of wrongful death settlements is based on economic damages, non-economic damages, and sometimes punitive damages related to the wrongful death. 

While there is no average for wrongful death settlement amounts, an experienced wrongful death attorney can establish a case estimate. Here is what a law firm will take into consideration regarding civil lawsuits:

Economic Damages

These are quantifiable financial losses resulting from the decedent’s death, and may include:

  • Lost Earning Capacity: Income the decedent would have reasonably been expected to earn throughout their remaining life expectancy
  • Medical Expenses: Any medical care or medical-related costs that accumulated before the decedent’s passing
  • Funeral Expenses: Costs associated with the decedent’s burial arrangements
  • Loss of Household Services: The value of services the decedent provided to the household, such as childcare or home maintenance

Non-Economic Damages

This encompasses intangible losses that are more difficult to quantify financially. Common examples include:

  • Loss of Consortium: Loss of companionship, love, guidance, and emotional support from the deceased person
  • Parental Loss: The emotional distress experienced by surviving children due to the loss of a parent or guardian
  • Pain and Suffering: The emotional anguish endured by family members as a result of the decedent’s passing

Punitive Damages

These damages are intended to further punish the defendant for egregious conduct and are typically reserved for situations where the defendant’s actions were intentional or displayed a blatant disregard for the safety of others.

 

Lady justice. Statue of Justice in library. Legal and law background conceptIs It Mandatory to Hire a Wrongful Death Attorney?

A significant portion of wrongful death claims are resolved through settlement negotiations. This approach can benefit all parties involved, as a faster resolution can be reached with less emotional strain on the involved family.

However, to obtain a fair settlement, it is highly recommended–although not mandatory–to work with a qualified wrongful death attorney. Navigating a wrongful death claim requires careful consideration of complex legal issues, and retaining legal representation is critical.

Horizon Accident Lawyers specializes in personal injury cases, including wrongful death. With our 99% success rate, we are confident we can help our clients through such a difficult time. We will ensure all filing deadlines are met, assist in gathering evidence, evaluate the strength of the claim, and negotiate for maximum compensation on your behalf. 

You don’t have to go through this process alone. When you are ready to discuss your claim, schedule a free consultation. 

CALL US

 

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