Wrongful death claims in California involve specific legal elements. This article provides a clear explanation of how to prove your case and seek justice for your loved one.
Learn more and contact GJEL Accident Attorneys for a free consultation.
If a loved one has passed away due to another person’s actions, one might wonder, “How do you prove wrongful death?” You likely want to march into court and demand the responsible party be held accountable for your tragic loss.
California law does allow surviving family members to financially recover for losses caused by a wrongful death.
However, doing so is not as simple as stating that you believe you deserve compensation. Instead, state law and the courts require strict procedures to be followed and legal burdens of proof to be met before another party is held liable in a California wrongful death lawsuit.
In California, wrongful death claims are generally brought under Code of Civil Procedure section 377.60, which identifies who may file a claim after a fatal accident or wrongful act.
To prove a death was wrongful in California, you must have facts to show certain legal elements. Here are the four elements for a wrongful death lawsuit.
- Negligence: Establishing that there was a lack of care or wrongful action.
- Breach of Duty or Death of Someone: Demonstrating that there was a duty owed to the deceased, and it was breached.
- Causation: Proving that the breach of duty directly caused the death.
- Damages: Showing that there are quantifiable damages resulting from the death.
More specifically, a successful wrongful death claim usually requires proof that the defendant owed the deceased a duty of care, breached that duty through a negligent, reckless, or intentional act, caused the death, and left surviving family members with measurable losses.
Evidence must be presented to substantiate these four elements.
In California, you must prove the death occurred because of another party’s neglect or wrongful act.
You must also have enough evidence to meet the required burden of proof. A burden of proof is the amount of evidence you must present in support of your assertions to convince a judge or a jury that a wrongful death did occur.
You do not have to prove wrongful death beyond a reasonable doubt. Instead, you must prove it is at least 51 percent likely the death was wrongful; this burden of proof is called the “preponderance of the evidence.”
These legal terms can be confusing but a highly experienced wrongful death attorney will fully understand how to prove all necessary elements of a wrongful death case. The following is some brief information about wrongful death elements in California.
You Need Sufficient Proof of Negligence
If your loved one’s wrongful death was caused by negligence–as many wrongful deaths unfortunately are–you must sufficiently satisfy all specific legal elements of negligence. These elements are as follows:
- The liable party had a certain duty of care owed to the victims;
- The party breached that duty of care in some manner;
- The breach led to the accident and injuries that caused death; and
- The death resulted in losses to you and other claimants.
In practical terms, “duty of care” means the defendant had a legal obligation to act reasonably under the circumstances. Drivers, doctors, property owners, and product manufacturers may all owe this duty depending on how the fatal incident happened.
Duties of care can vary depending on the specific type of accident that occurred. The following are some examples of duties of care and how they may be breached:
- A driver has to drive in a reasonably safe manner based on the weather and road conditions. Breach of this duty can occur in many ways, including distracted driving, drunk driving, aggressive driving, violating traffic laws, or other careless acts.
- A company has to sell products that are safe for their intended use and to warn consumers about potential risks. If a company produces or sells a product that is defective or unreasonably dangerous without proper warnings, this can constitute a breach of duty.
- A medical professional is expected to provide the level of care that other similarly trained and reasonable professionals would provide in the same situation. If a doctor’s actions fall below that standard and a mistake is made, the duty of care is breached.
- A property owner must ensure his or her premises are free from dangerous conditions or hazards. If an owner knew or should have known about a hazard and did not fix it or warn visitors, he or she has breached the duty of care.
Once you have established a breach of duty, you must then present evidence that the breach of duty caused or contributed to your loved one’s injuries and death.
This part of the case is often called “causation” or “proximate cause.” It is not enough to show that someone made a mistake. You must show that, but for that mistake or wrongful act, the death would not have occurred, and that the fatal outcome was directly linked to the defendant’s conduct.
You Must Prove Intentional Harm
Some wrongful death cases do not arise from negligence but instead from intentional violence. The elements to prove an intentional act are specific and are as follows:
- The person had the intent to commit the act;
- The person made non-consensual contact with the victim (this can include hitting someone with a car or using a weapon); and
- The contact caused fatal harm.
In many cases, violent deaths result in a criminal case for homicide or manslaughter, which will be handled separately from the wrongful death case. However, a skilled attorney will know how to use a criminal case to help your chances of recovery for wrongful death.
Proving Must Prove Damages
If you can establish the death of your loved one was caused by the negligent or wrongful act of another person, the next step is to show you have sustained damages as a result of your loss.
Importantly, California courts have consistently held that damages for emotional distress are not recoverable in a wrongful death action. That being said, in many cases, a person asserting a wrongful death claim may also assert a negligent or intentional infliction of emotional distress claim against the same party.
Some of the more common damages sought in wrongful death cases in California include the following:
- Costs associated with the funeral and burial of the decedent;
- Loss of future income;
- Loss of financial support;
- Loss of household services; and
- The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support.
Depending on the facts of the case, recoverable damages may also include medical bills incurred before death, loss of guidance and training for surviving children, and loss of consortium for a surviving spouse. These losses must be supported by evidence showing they are real and measurable.
Establishing these damages is often difficult and requires significant expert analysis. For example, in determining how much a person would have made for his or her career, it is necessary to take many factors into account, including life expectancy, the normal course of advancement for a person in his or her position, inflation, and education, skills, and abilities.
For this reason, demonstrating these damages in the course of a settlement negotiation or trial often requires the presentation of substantial evidence and the assistance of an attorney can be invaluable.
Who Can File a Wrongful Death Claim in California
Not every relative has the legal right to file a wrongful death case. In California, the people who usually have standing to bring a claim are the surviving spouse, domestic partner, and children of the deceased. If there are no primary heirs, other family members such as parents or siblings may be able to file if they would inherit through intestate succession. In some situations, financially dependent putative spouses, stepchildren, or parents may also have the right to seek compensation.
Deadlines Matter in Wrongful Death Cases
Timing is also critical. In California, the statute of limitations for a wrongful death claim is generally two years from the date of death. However, claims involving government entities or medical malpractice may have much shorter notice requirements or filing deadlines. Missing a deadline can prevent your family from recovering anything at all, so it is important to speak with an attorney as soon as possible.
A California Wrongful Death Lawyer Can Help
Overall, proving the elements of a wrongful death can be complicated, though these elements are required for you to recover.
A member of the experienced legal team at GJEL Accident Attorneys can help you bring a successful wrongful death claim, so please call 866-218-3776 for a free consultation today.
Our attorneys have offices throughout Northern California. You can call or stop by.
