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.
On October 1st, 2021, California Gov. Gavin Newsom signed Senate Bill (SB) 447 into law. The bill allows heirs of a victim to pursue general damages (pain and suffering) through a survival action claim. While eligible family members have always been able to recover general damages for loss of companionship, guidance, and comfort through a wrongful death claim, general damages were previously not recoverable through a survival action claim.
Losing someone you care about is heartbreaking, especially when it is a wrongful death caused by someone else. Under California law (California Code of Civil Procedure § 377.30), eligible family members of the deceased victim can bring a wrongful death suit against the at-fault parties to get justice and economic support. During such a difficult time, you may want to know: How much compensation can be recovered in a wrongful death lawsuit?
Losing a loved one is devastating. A preventable death can take a spiritual, emotional and financial toll on a family. While nothing can ever truly make up for such a heartbreaking loss, a civil wrongful death claim allows close family members of the loved one to get accountability and financial support. Below, our San Francisco wrongful death lawyer provides an overview of damages that can be recovered through a wrongful death lawsuit in California.