Wrongful Death

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Santa Cruz Wrongful Death Lawyer

The loss of a loved one can be emotionally devastating, but when it is due to the negligence of another, it is particularly tragic. Along with the emotional impact, wrongful death can bring financial upset and loss of daily support. In California, those most affected by the wrongful death of a loved one may be permitted to file a lawsuit for wrongful death. If you’ve lost a loved one due to the negligence of another, a California wrongful death attorney can help.

California Wrongful Death Benefits Help Surviving Family Members

In terms of personal injury law, some surviving family members are able to file a wrongful death claim in California. Although a person’s life can never be quantified monetarily, wrongful death does not attempt to do that. It does, however, allow family members to collect benefits that their loved one would have been entitled to had he or she survived. It also serves to recompense them for the support that they have lost as a result of the death.

If you have lost a loved one as the result of a negligent or intentional act, you may be entitled to a wrongful death claim for your damages. At Wave Law Firm, we are dedicated to helping injury victims and their families. We can look at the circumstances surrounding your loved one’s death and help you understand what you are entitled to as a surviving family member.

What is a Wrongful Death?

Under California law, wrongful death is defined as a fatality that was caused by “the wrongful act or neglect of another.” A wrongful death may be due to any number of incidents or accidents caused by another party’s negligence or even intentional acts such as murder or manslaughter. Some of these include:

Automobile accidents
Pedestrian accidents
Premises liability
Medical malpractice
Dangerous products
Work-related fatalities
Homicide
Pool drownings
Police shootings

Whether intentional or not, any reckless or “wrongful” act that results in the end of someone’s life can be subject to a wrongful death claim.

Negligence and Wrongful Death

In many wrongful death claims, negligence is a pivotal factor in the fatality. In these cases, it is up to the surviving family members to prove that the negligence of another party caused their loved one’s death. The proof of negligence is a common one for a personal injury attorney in California. It goes as follows:

The liable party owed a duty of care to the victim
That party breached their duty of care
The breach caused the accident and injuries which resulted in the fatality
The fatality resulted in losses to loved ones.

Duty of care is a legal standard that says that people and entities owe a duty of care to others. For instance, drivers owe others on the road a duty of care by driving safely. Manufacturers owe a duty of care to individuals in the safe use of their products. A doctor owes a duty of care to his or her patients.

When that duty of care isn’t met, it is called a breach. When a direct and proven correlation is made between a breach of duty of care and a fatality, and when that fatality has resulted in losses or “damages” to the surviving family members, you have the establishment of negligence. This may seem like a common sense and simple correlation, easily provable, but California wrongful death accident lawyers know that negligence is often anything but simple to prove.

What is the Purpose of a Wrongful Death Claim?

A wrongful death claim allows close family members or the estate of the deceased person to file a claim for damages from the negligent party. This will compensate them for expenses and other losses caused by the death of their loved one. Although some of these damages are purely monetary and quantifiable, some serve to make up for less tangible things that the deceased provided to the family or individual.

What Damages Can Be Recovered in a Wrongful Death Claim?

Losses and damages can be extensive after the death of a loved one. Not only is it an emotionally devastating time but it is often a financially devastating time. Surviving family members are often left with expenses and financial costs left in the wake of injuries and subsequent death. There may be surviving family members who relied on the care of the deceased. An experienced California wrongful death lawyer will consider all of these damages when determining the value of a wrongful death claim. Some of these can include:

Outstanding medical costs left by the decedent
Any costs for the funeral or burial of the decedent
Loss of future income
Loss of financial support
Loss of household services
Loss of the decedent's love, affection, moral support, comfort, and care

Some of these damages are easily quantifiable. Others are not. In the case of quantifying things like future income, household services, and loss of love and comfort, it is necessary to look at many different factors including life expectancy, the potential career advancement of the decedent had he or she survived, inflation, and many other factors. Consequently, extensive research and analysis must be done to prove the value of these damages. This is when the legal assistance of a California wrongful death accident attorney is essential.

Who Can Bring Forth a Wrongful Death Claim?

Under California wrongful death laws, only certain family members are able to bring a wrongful death claim against the negligent party. These are

The spouse of the decedent
The domestic partner of the decedent
The children of the decedent
The grandchildren of the decedent if the decedent’s children are deceased
Any other minor children who depended on the decedent for at least 50 percent of their financial support
Any other parties who would be entitled to the decedent’s property under California intestate succession

A wrongful death claim must be filed within two years of death in order to meet the statute of limitation requirements. It is important to get the counsel of a California wrongful death accident lawyer as soon as possible after the death of a loved one.

When you have suffered the devastating loss of a family member due to the negligence or intentional act of another, you should seek the advice of a California wrongful death accident attorney to understand your rights to wrongful death benefits. At Wave Law Firm, we are committed to helping the families of accident victims recover compensation in order to move on from their tragic loss. Contact us for a complimentary consultation.