Wrongful Death

Wrongful death refers to a legal claim brought by the surviving family members or beneficiaries of a person who had died due to the negligence, recklessness, or intentional wrongdoing of another party. In California, the law aims to provide compensation and justice to the family members of the deceased.

Wrongful death claims can arise from various situations, such as:

• Car accidents caused by another driver’s negligence

• Medical malpractice leading to fatal injuries

• Defective products causing fatal accidents

• Work-related accidents due to employer negligence

• Other negligent acts

Who can file a wrongful death claim?

In California, only certain individuals are eligible to file a wrongful death claim. These typically include the decedent’s surviving spouse and children. In some cases, other dependents or individuals who were financially dependent on the decedent may qualify. If the decedent did not have a spouse or children, the decedent’s next of kin (e.g. parents or siblings) may be able to bring a claim.

Elements of a wrongful death claim and burden of proof

To pursue a successful wrongful death claim, several elements must be established. For each element the plaintiff must establish on a more likely than not basis, otherwise referred to as a preponderance of the evidence, that each applies. The elements are:

1. Duty of Care

The first element is establishing that the defendant owed a duty of care to the deceased person. This often depends on the specific circumstances surrounding the incident. For instance, a driver owes a duty of care to other drivers on the road and healthcare professionals owe a duty of care to their patients.

2. Breach of Duty

The second element involves proving that the defendant breached its duty of care. This requires the plaintiff to prove more likely than not that the defendant failed to act reasonably or caused harm through its actions or omissions.

3. Causation

Next, it is mandatory to establish that the defendant’s conduct actually caused the death. Even if the first two elements can be established, if there is no casual connection between the defendant’s negligent conduct and the death, then a wrongful death claim cannot be sustained.

4. Damages

The final element requires demonstrating that the wrongful death has resulted in damages. These damages may include medical expenses, funeral costs, lost income or support, loss of companionship, and emotional distress.

Is there a deadline to bring a wrongful death claim?

The statute of limitations for filing a wrongful death claim in California is generally two years from the date of decedent’s death. Failing to file within this timeframe may result in the claim being barred. There are limited exceptions, such as for certain medical malpractice claims or if the defendant’s conduct constituted fraud.

What if the decedent was partially at fault?

California follows a comparative fault system, which means that the decedent’s own negligence or fault will be taken into account when determining compensation. If the decedent is found partially at fault for the accident, compensation may be reduced by his or her percentage of fault. The allocation of fault is determined by the jury if the case goes to trial.

Survival Actions

In addition to a wrongful death claim, California law allows for a separate legal action called a survival claim. This allows the decedent’s estate to pursue claims that the decedent could have brought, or had already brought, while living. Such claims include personal injury and property damage claims. The estate may recover for decedent’s pain and suffering. Unlike for wrongful death damages, the estate may also pursue punitive damages against the defendant if it can show that the defendant’s conduct was malicious or in conscious disregard of decedent’s safety. Often times, a survival action accompanies a wrongful death matter.

Our Approach

We know that the surviving heirs are often faced with the emotional challenge of grieving along with the anger of knowing that another person or entity was responsible for the death of their loved one. We have extensive experience handling wrongful death claims and understand the delicate nature of balancing grief while attempting to hold the responsible party accountability. Our attorneys are here to guide you through the legal process and help you seek justice and compensation through a wrongful death claim.

Why Choose Us?

• Expertise: Our attorneys are knowledgeable in personal injury law and have extensive experience handling wrongful death cases. We have a thorough understanding of the legal and medical complexities involved and will use our expertise to build a strong case on your behalf.

• Personalized Approach: We believe in providing personalized attention to every client. We understand that each case is unique and requires a tailored approach. Our attorneys will take the time to listen to your concerns, answer your questions, and develop a legal strategy that aligns with your specific needs and goals.

• Proven Track Record: With a successful track record of obtaining favorable outcomes for our clients, you can trust us to handle your case. We have secured significant settlements and verdicts in wrongful death cases, helping our clients recover compensation for medical expenses, lost wages, pain and suffering, and more.

• Resources and Network: We have access to a wide range of resources and a vast network of experts, including medical professionals, accident reconstructionists, and investigators. We will leverage these connections to strengthen your case and ensure that no stone is left unturned.

• No Fee Unless We Win: We understand the financial strain that can come after losing a loved one, which is why we generally take wrongful death cases on a contingency fee basis. This means that you will not have to pay any upfront fees. You only pay us if we successfully obtain compensation for you, ensuring that you can focus on your recovery without worrying about legal expenses.

Choosing the right attorney after suffering an injury that was not your fault is crucial. With Phillips, Erlewine, Given & Carlin LLP, you can have confidence that you are selecting a firm that will champion your rights and work tirelessly to achieve the best possible outcome for your case. Contact us today for a free consultation and let us guide you on the path to justice and recovery.

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