Losing a loved one due to someone else’s negligence is devastating. But beyond the grief, many families find themselves asking an important question: do we have legal options? If your loved one’s death was caused by another party’s reckless or careless actions, a wrongful death lawsuit in California may allow your family to seek justice and financial compensation.
WHO CAN FILE A WRONGFUL DEATH LAWSUIT IN CALIFORNIA?
Under California Code of Civil Procedure §377.60, the following individuals are generally eligible to file a wrongful death claim:
Immediate family members: A surviving spouse, domestic partner, or children of the deceased are the most common plaintiffs in wrongful death cases. If the deceased had no surviving children or spouse, parents and siblings may also be eligible to file.
Financial dependents: California law also allows individuals who were financially dependent on the deceased to bring a claim, even if they aren’t related by blood or marriage. This can include a putative spouse or stepchildren who relied on the decedent for financial support.
Estate representatives: In some cases, the personal representative of the deceased’s estate can bring a “survival action” alongside or in place of a wrongful death claim, seeking compensation for damages the decedent themselves suffered before death.
If you’re unsure whether you qualify to file, speaking with an experienced California wrongful death attorney is the best first step. It is important to note that the statute of limitations for filing wrongful death claims in California is generally two years from the date of the death. Waiting too long to take action can jeopardize your ability to seek justice.
HOW DO YOU PROVE WRONGFUL DEATH?
Proving wrongful death in California isn’t always straightforward. To succeed, the plaintiff must establish four key legal elements:
- Duty of care. The defendant owed a duty of reasonable care to the deceased. A driver owes a duty of care to others on the road. A doctor owes a duty of care to their patients. An employer owes a duty to provide a safe working environment.
- Breach of that duty. The defendant failed to meet that standard of care, whether through reckless behavior, negligence, or inaction.
- Causation. The breach of duty must be directly and demonstrably linked to the death. This is often where cases are won or lost, requiring strong evidence and sometimes expert testimony.
- Damages. The surviving family members must have suffered measurable losses as a result, including lost financial support, medical and funeral expenses, loss of companionship, and emotional suffering.
COMMON SCENARIOS THAT RESULT IN WRONGFUL DEATH
Wrongful death lawsuits arise across a wide range of incidents. Some of the most common in California include:
Automobile, Motorcycle, and Truck Accidents
Traffic fatalities are among the leading causes of wrongful death claims. Whether caused by distracted driving, driving under the influence, speeding, mechanical defects, or driver fatigue (particularly in commercial trucking), these cases often involve clear negligence that can be documented through police reports, accident reconstruction, and witness testimony.
Workplace Accidents
Employers are legally obligated to maintain safe working environments under OSHA regulations. When they fail to do so and a worker dies as a result, a wrongful death claim may be possible in addition to workers’ compensation benefits.
Product Liability
When a defective product causes a fatal injury, the manufacturer can and should be held accountable. This applies to everything from defective vehicles and pharmaceuticals to toxic consumer goods and unsafe children’s products.
Medical Malpractice
When a healthcare professional’s failure to follow proper protocol leads to a patient’s death, surviving family members may have grounds for a wrongful death claim. Although these cases are less common, wrongful death may occur through misdiagnosis, surgical errors, prescription mistakes, or delayed treatment.
HOLDING RESPONSIBLE PARTIES ACCOUNTABLE, BEYOND COMPENSATION
Wrongful death claims serve a purpose beyond helping families recover financially. They hold negligent individuals, companies, and institutions accountable, sending a clear message that careless or reckless behavior has real consequences. A successful claim can help prevent future tragedies by compelling change in dangerous practices.
If you believe you have a wrongful death case in California, don’t navigate it alone. An experienced wrongful death attorney can evaluate your eligibility, help gather the evidence needed to prove your case, and fight for the justice your family deserves. Contact TORKLAW’s wrongful death attorneys for a free consultation: (888) 845-9696.
