Glendale Wrongful Death Lawyers

What Is a Wrongful Death in California?

A wrongful death occurs when an individual dies due to the negligent, reckless, intentional, or unlawful actions of another party. This legal concept allows the deceased's family members to file a claim in civil court to seek compensation for their loss. 

Wrongful death suits are grounded in the premise that the deceased person would have had a valid personal injury claim had they survived the accident or incident that caused their death. Because they did not survive, a claim can be made by family survivors against the at-fault party. 

Who Can File a Wrongful Death Claim in Ca?

California law limits who is legally allowed to file a wrongful death claim, and sometimes eligibility is not always obvious. If you are unsure whether you have the right to pursue a claim, a wrongful death lawyer in Glendale can review your circumstances and explain your legal options.

Under California Code of Civil Procedure 377.60, the following family members can file a wrongful death lawsuit: 

• A surviving spouse
• A surviving domestic partner
• Children, including adopted children 
• Grandchildren when the above children are deceased
• Other dependents who were financially dependent on the deceased, such as parents or siblings

What Types of Accidents or Events Can Result in a Wrongful Death Claim?

Wrongful death claims can stem from many different accidents or events, such as

Wrongful Death vs. Criminal Cases

When your family member has died due to criminal actions by another, you can file a wrongful death claim while the criminal case is ongoing. The two cases are separate, and the outcome of one does not directly impact the other. 

A wrongful death claim is a civil matter aimed at compensating family members for their loss, while criminal cases involve the state prosecuting an individual for unlawful actions. The burden of proof is lower in civil court (preponderance of evidence) compared to criminal court (beyond a reasonable doubt).

Wrongful Death vs. Survival Action in California

A wrongful death claim and a survival action are two distinct legal avenues available after a person's death due to someone else's negligence or wrongful act. A wrongful death claim is brought by the deceased person’s family members, seeking compensation for their losses. 

On the other hand, a survival action is filed by the deceased person’s estate. It allows for the recovery of damages that the deceased could have claimed had they survived, such as medical expenses and lost wages incurred between the time of injury and death. 

The key distinction lies in the beneficiaries and the types of damages sought: Wrongful death focuses on the family’s losses, while survival actions address the decedent’s own losses before passing.