A wrongful death claim in California is a civil case that provides an opportunity to surviving loved ones to seek justice and financial compensation for their loved one’s death. It is a chance to hold someone accountable for negligently, recklessly or intentionally causing a death. Determining fault is the focal point of a wrongful death claim.
Who Is Liable for Your Loved One’s Death?
Wrongful death cases may be filed after car accidents, workplace incidents, slip and fall accidents, wildfires, defective product incidents, and acts of medical malpractice. Depending on who or what caused the fatal injury or illness, the liable party could be a motorist, property owner, product manufacturer, doctor or another party.
Liability – meaning legal and financial responsibility – is something that must be determined and proven in order for a wrongful death claim to succeed in California. In general, the person or party that is at fault for causing a wrongful death can be held liable for related losses.
Compensable damages in a wrongful death claim may include funeral and burial costs, lost wages and inheritance, lost value of household services, and the deceased person’s final medical bills. The victim’s surviving loved ones will need to prove liability to access insurance coverage or receive a judgment for these losses.
Wrongful Death vs. Criminal Cases in California
Determining fault in a wrongful death claim is different from finding someone guilty of causing another person’s death in a criminal case. In a civil lawsuit, the burden of proof is “more likely to be true than not true,” otherwise known as a preponderance of the evidence. In a criminal case, the burden of proof is greater: “beyond a reasonable doubt.”
This difference in legal standard means that a person or party does not have to be found guilty of a crime (e.g., homicide or manslaughter) or even intentional misconduct to be found liable for a victim’s death in the civil courts. Under California Code of Civil Procedure §377.60, it is enough to prove neglect, default or a wrongful act to hold a defendant responsible in a wrongful death claim.
What Are the Four Elements of Negligence?
Negligence is the legal foundation used in most wrongful death claims in California. In personal injury law, someone is negligent if they fail to exercise reasonable care. If this causes a fatal injury or illness, the negligent party can be held accountable for the death.
Proving negligence in a wrongful death claim requires proof of four legal elements:
- Duty of care: a responsibility to behave with proper care toward the deceased accident victim.
- Breach: an act or omission that violated the defendant’s duty of care.
- Causation: a causal link between the defendant’s negligence and the death of the decedent.
- Damages: losses suffered by the family because of the victim’s death.
To hold someone liable for a wrongful death in California, there needs to be compelling evidence of the defendant’s fault. This often involves medical records, accident reports, witness statements, photos and videos of the accident scene, and testimony from qualified experts.
How to Prove Fault in a California Wrongful Death Claim
If your loved one was killed in a tragic accident in California, contact an attorney for a review of your family’s legal options. You may have the right to hold one or more parties liable for their role in causing or contributing to your family member’s death. An Orange County personal injury lawyer can help you file a claim or lawsuit in pursuit of maximum compensation for your unimaginable losses.