What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by a deceased individual’s close familial survivors or the decedent’s estate. It seeks financial compensation for losing your loved one due to someone else’s negligence.

Accidents that give rise to wrongful death claims include: 

• Motor vehicle accidents (e.g., car, truck, motorcycle);
• Car vs. pedestrian or bicyclist accidents;
• Medical malpractice;
• Defective products; and
• Premise liability claims.

If you recently lost a loved one due to another person’s conduct, it is best to seek the advice and guidance of a Hollister wrongful death attorney immediately.

Wrongful Death California Lawsuit

A wrongful death lawsuit proceeds similarly to other personal injury claims. The main difference between the two is that the person filing a wrongful death claim is not the accident victim themselves—but a family member, executor, or representative. Like any personal injury lawsuit, the plaintiff must prove their case.

A wrongful death lawsuit can be based on another person’s negligent, intentional, or even criminal actions. Most wrongful death claims are based on the theory that the defendant acted negligently, causing your loved one’s death.  

To prove negligence, you must prove the following: 

• The defendant owed the decedent a reasonable duty of care;
• The defendant breached that duty;
• The defendant’s breach caused the decedent’s death; and 
• As a result, you suffered damages. 

These elements may seem straightforward, but it can take substantial, credible evidence to prove another person caused your loved one’s death and you were financially harmed as a result. Establishing a causal relationship between the two events can take significant time and investigation. There is no legal requirement that you hire an attorney to file a wrongful death lawsuit in California, but we strongly encourage it. A skilled wrongful death lawyer can make a tremendous difference in the outcome of your case.

California Wrongful Death Statute of Limitations

In California, the wrongful death statute of limitations is typically two years from the date of the decedent’s death. In other words, you have two years from the date your loved one died to file your lawsuit in court. This timeline can be shorter or longer if exceptions to the rule apply. When you are in the midst of grief, this time can go by fast, so we always encourage individuals to consult an attorney immediately to preserve their rights. 

What Damages Are Available in Wrongful Death Lawsuits?

Generally, the damages or compensation available in a wrongful death case will closely resemble those of any personal injury case. However, certain damages are unique to wrongful death actions.

Economic Damages

Economic damages are the most straightforward because they are meant to cover the direct financial loss you suffered from losing your loved one. They are typically easy to calculate by adding up past costs and estimating future expenses. Receipts, bills, invoices, and other records are vital in determining your economic losses.

Examples of economic losses you may be able to recover in a wrongful death suit include:

• Medical Expenses. Medical bills and out-of-pocket expenses incurred by your loved one as a result of the accident up until their death (e.g., emergency room care, surgery, inpatient hospital treatment, etc.); and
• Lost Wages. In a wrongful death claim, the plaintiff’s family member may be entitled to compensation for the decedent’s lost wages for the time between the injury and their death and for anticipated future lost earnings. This is especially important if the decedent provided substantial financial support for their family. 

Calculating future lost wages can be complicated and challenging to predict accurately because someone’s earning capability is often fluid over time. For instance, what the decedent may have earned at the time of their death at age 35 is sometimes different from what they could have made at age 50. 

Insurance companies and courts will evaluate several factors to help determine future lost wages, including:

• The age of the decedent at the time of their death,
• If the decedent had any prior health conditions before their death,
• The financial needs of their minor children or spouse, and
• The decedent’s overall earning capacity.

Your lawyer can help you gather the evidence necessary to establish your loved one’s earning capability should they have survived. 

Non-Economic Damages

Non-economic damages are intended to compensate the decedent’s surviving family members and loved ones for their less tangible losses. These damages are often difficult to quantify and are more heavily disputed than economic losses because they are subjective and personal to each individual. The emotional turmoil you might experience as a result of losing your loved one in a truck crash may be drastically different from someone else in a similar situation. 

Non-economic damages can include:

• Pain and suffering,
• Mental anguish,
• Emotional distress,
• Loss of consortium, and
• Loss of companionship and parental guidance. 

However, plaintiffs, defendants, and their insurance companies often do not agree on non-economic damages. This is one of the areas where you can significantly benefit from a seasoned wrongful death attorney. We can aggressively negotiate non-economic damages or prove them at trial if necessary.

Other Wrongful Death Claim Financial Losses

In addition to the typical economic and non-economic damages, in a wrongful death case, you may be able to seek compensation for other financial losses unique to these claims, including: 

• Lost anticipated inheritance,
• Lost value of household services,
• Lost value of childcare, and
• Funeral and burial expenses.

An experienced wrongful death lawyer can help you better understand what you might expect to recover. 

Why Choose Us?

At Gonzalez & Jones, APC, we are a family-owned boutique law firm offering a personalized and compassionate approach to each of our clients. Here, you are treated like family. Our team is there for you every step of the way, from the inception of your case to settlement or trial. If you live in San Juan Bautista, Salinas, Gilroy, or anywhere in California and recently lost a loved one, let us advocate for you and your family. Contact us to schedule a free consultation.