Wrongful Death Claims

Filing a Wrongful Death Claim in California

There are a number of individuals who may be able to file a claim or lawsuit for wrongful death in California. In most cases, the individuals who file a wrongful death claim or lawsuit are the surviving spouse, children, or grandchildren of the loved one who passed away. In some instances, a domestic partner may also be able to bring a wrongful death claim or lawsuit against the negligent individual or entity. If none of these parties are available to bring a claim, you may be able to do so if you could have inherited from the decedent under California’s laws of intestate succession.

Elements of a Wrongful Death Claim

All wrongful death cases are different, and the details often vary from case to case. However, in every California wrongful death case, there are certain legal elements that a claimant must prove. These elements include the following:

• The loved one’s death must have been the direct result of someone else’s wrongful action, inaction, or negligence. For example, if a truck driver engages in reckless or negligent driving and collides with another motor vehicle, killing the driver, then the truck driver and/or the trucking company may be possible defendants in a wrongful death claim or lawsuit.
• The negligent individual’s action or inaction must have proximately caused damages. These damages can be both economic and non-economic in nature. Economic damages may include payment of the decedent’s medical bills following the accident, lost earnings, and funeral expenses. Non-economic damages may include loss of companionship of the deceased loved one and loss of the care, comfort, affection, love, and moral support given by the decedent to his or her family members.