Bay Area Wrongful Death Lawyer
When there is a death as a result of a personal injury, the potential case is brought by those who the law states are eligible to bring it. California law is very specific and exacting in this respect. The death of a loved one is hard enough for those of us who were close to the decedent but when the death is due to the negligence of someone else, it is more difficult to live with. If you’ve lost a loved one because of someone else’s wrongful act or negligence, your emotions will be close to the surface for quite a while. Often it is worse when financial considerations are tied to the loss—if the loss includes the commensurate loss of income that a loved one brought in, for example. We know and understand wrongful death, both in the emotional sense and legal sense. If you have lost someone due to what you believe is negligence, contact the Law Office of Scott Righthand, PC. Do not wait.
Bringing a Wrongful Death Case in California
When a person loses his or her life, and it was someone else’s fault, the following family members are entitled to bring a wrongful death lawsuit in California:
- The spouse or domestic partner of the deceased
- The children of the deceased (or any minor children – such as stepchildren – who were dependent upon the deceased for at least half of their financial support)
- The grandchildren of the deceased (if all of the deceased’s children are also deceased)
- If there is no spouse or child, anyone who, under California laws of intestate succession, has a claim to the deceased’s property, such as parents or siblings
What Constitutes a Wrongful Death?
A wrongful death is a category of personal injury case that happens to result in death. The injury leading to death is usually caused by negligence, gross negligence, recklessness, or by action that was intentional. The difference between personal injury and wrongful death, aside from the obvious, is that the case is brought by someone other than the party physically injured for losses uniquely caused by the death. Causes of wrongful death can include any personal injury, products liability or malpractice cause. It can derive from traffic accidents, slip and fall accidents, product failure, fire, assault and battery, murder or manslaughter, child abuse or neglect, malpractice and many more.
Recoverable Damages
The damages awarded in California wrongful death cases are intended to compensate survivors for the support they lost when they lost their family member. This compensation is based on what the heirs would have reasonably expected to receive had the deceased survived, and this compensation can include both economic and noneconomic losses. In the process, the deceased’s life expectancy is calculated according to the facts of their situation, including relevant elements such as the deceased’s health, lifestyle, and occupation.
Your Economic and Noneconomic Damages
The economic damages associated with your case are likely to include the financial support the deceased would have likely contributed to your family over the course of his or her expected life, any gifts or benefits that you would likely have received from the deceased over his or her expected life, the cost of the deceased’s funeral and burial, and the value of household services that the deceased would have provided over his or her predicted life.
Noneconomic damages include the loss of love, comfort, care, companionship, protection, affection, moral support, and more.
If You’ve Lost a Loved One Because of Someone Else’s Wrongful Act, Consult with an Experienced Bay Area Wrongful Death Lawyer Today
Losing a loved one too soon is incredibly painful. When that loss is caused by another party’s wrongful act, it’s that much more difficult. The dedicated wrongful death lawyers at The Law Office of Scott Righthand proudly serve the Bay Area, and they have the experience, skill, and compassion to help you. For more information, please don’t hesitate to contact us today.
FAQs About Wrongful Death in California
Yes. California’s comparative negligence rule still applies. As long as your loved one was not 100% at fault for the incident, the surviving family members can file a claim. The total compensation awarded would be reduced by your loved one’s assigned percentage of fault.
California law requires a single wrongful death action to be filed on behalf of all eligible heirs. This “one action” rule is meant to prevent multiple lawsuits from being filed. Mediation or court-ordered division of a resulting settlement may be helpful in these circumstances.
To calculate future financial losses, we must establish your loved one’s life expectancy had the accident not occurred. We can use official life expectancy tables along with specific evidence about your loved one’s health, lifestyle and occupation to present a realistic and credible projection to the court or insurance company.
If a loved one died because of a product failure, such as a defective vehicle part or a faulty piece of equipment, the family may be able to file a wrongful death lawsuit based on product liability. This holds the manufacturer, designer or seller of the dangerous product accountable for the harm they caused.
A wrongful death claim is a civil case and is completely separate from any criminal proceedings. The two cases can proceed at the same time. The outcome of the criminal case does not determine the outcome of the civil claim, though a guilty verdict can be powerful evidence in your favor.