The wrongful death laws in California allow certain family members to file a wrongful death claim to obtain compensation when a person’s or entity’s actions lead to the death of a loved one. You may be entitled to compensation in a wrongful death action whether the death was because of negligence, such as running a stop sign, or malice, as with a murder. Speak to our Oakland wrongful death attorney at Bracamontes & Vlasak for more information about the state’s wrongful death laws and your case.
A California wrongful death claim can arise from many situations, including motor vehicle accidents, medical malpractice, workplace accidents, criminal activity, and more. To receive compensation in a lawsuit, you must prove the following:
Note that proving wrongful death only requires showing a ‘preponderance of the evidence’ to prove liability. This is a lower standard than needed to obtain a guilty verdict in a criminal case, which is ‘beyond a reasonable doubt.’
CCP 377.60 (a) in California states that the following parties may sue for wrongful death:
If you are eligible to file a wrongful death lawsuit in California and receive a settlement or favorable verdict, you may be entitled to some or all of the following:
You have only two years from the death to file a wrongful death lawsuit in California. If the case is not filed in the appropriate court at that time, the family usually loses the right to file a lawsuit.
If you lose a loved one in an accident because of someone’s negligence, the wrongful death laws in California protect you. You may be entitled to compensation for your terrible loss, so please contact our Oakland wrongful death attorney at Bracamontes & Vlasak, P.C., today at (415) 835-6777.