Yes, wrongful death is often based on negligence. In many cases, negligence, such as failing to act with reasonable care, is the conduct that leads to a wrongful death claim. However, wrongful death cases can also arise from intentional acts, such as assault, or from strict liability situations, like certain defective product cases. Understanding these differences is important because the legal basis of the claim affects how liability is proven, what evidence is needed, and what damages may be available to surviving family members.
At Saeedian Law Group, we’ve helped families across California pursue justice after losing loved ones to negligence. With 16+ years of experience and millions recovered for our clients, our wrongful death attorneys know how to investigate fatal accidents, prove negligence, calculate full damages, and fight for the full compensation your family deserves. Contact us today for a free consultation and let us stand with you during this difficult time.
In this blog, we explain what is wrongful death negligence, when wrongful death is not based on negligence, how to prove negligence in wrongful death cases, who can be held liable, and what damages may be available under California law.
What Is Wrongful Death Negligence?
Wrongful death refers to a legal claim that arises when a person dies due to another party’s wrongful act, neglect, or failure to act. On the other hand, negligence is a tort law concept that means failing to use reasonable care, resulting in harm to others. While wrongful death focuses on the loss of life, negligence focuses on the conduct that caused the harm. In simple terms, wrongful death is the claim, and negligence is often the behavior that leads to that claim.
Therefore, wrongful death negligence occurs when a person or entity’s negligent actions directly result in someone’s death. This applies to personal injury cases such as fatal car accidents, medical negligence, unsafe property conditions, or defective products where the death could have been prevented with reasonable care. In these cases, the key issue is whether the responsible party breached a duty of care and whether that breach directly caused the death. Wrongful death claims typically seek damages for financial losses, loss of companionship, and other impacts the death has on surviving loved ones.
Is Wrongful Death Always Based on Negligence?
No, wrongful death is not always based on negligence. While negligence is the most common basis for wrongful death claims, a wrongful death can also result from intentional acts or strict liability situations. Wrongful death focuses on the fact that a life was lost due to another party’s wrongful conduct, regardless of whether that conduct was careless, reckless, or intentional.
In addition to negligence, wrongful death claims may arise from intentional wrongdoing, such as assault. They may also arise from strict liability cases, including certain defective product claims where fault does not depend on carelessness. The legal basis for a wrongful death claim depends on how the death occurred and the level of responsibility involved. But in all cases, the claim exists to allow surviving family members to pursue compensation for their loss.
Common examples of negligence that lead to wrongful death include:
- Medical malpractice
- Car and truck accidents
- Pedestrian accidents or fatal accidents involving other vulnerable road users.
- Workplace accidents
- Defective products
- Nursing home neglect
- Slip and fall or premises liability incidents
Common examples of intentional actions that lead to wrongful death include:
- Assault or battery
- Homicide or manslaughter
- Domestic violence incidents
- Intentional use of a weapon
- Criminal acts resulting in fatal injury
How To Prove Negligence in a Wrongful Death Case
To prove negligence in a wrongful death case, surviving family members must show that the death was caused by another party’s failure to act with reasonable care. This requires presenting evidence that clearly links the defendant’s conduct to the fatal outcome. Courts require four key legal elements to determine whether negligence led to a wrongful death.
1. Duty of Care
First, you must show that the defendant owed a duty of care to the deceased. This means they have a legal obligation to act in a reasonably safe manner. For example, a driver on the road has a duty to obey traffic laws and operate their vehicle safely to prevent harm to others.
2. Breach of Duty
Next, you must prove that the defendant breached that duty by acting carelessly or failing to act when required. A breach happens when the defendant’s behavior falls below what a reasonably careful person would do in similar circumstances, An example is when a driver runs a red light or speeds through an intersection, causing a wrongful death accident.
3. Causation
The third element is causation, which requires you to show that the breach of duty directly caused the death. For instance, the driver’s reckless actions must be linked to a collision that results in fatal injuries, proving that the death would not have occurred without the negligent conduct.
4. Damages
Finally, the case must show that the death caused measurable losses to surviving family members. These damages may include funeral expenses, lost income, emotional distress, and the loss of companionship and support suffered due to the death.
Who Can Be Held Liable in a Wrongful Death Negligence Case?
When wrongful death occurs, liability can fall on anyone whose careless or reckless actions directly contributed to the fatal injury. It can be individuals, companies, government, or organizations whose failure to act with reasonable care created a dangerous situation.
Common examples of liable parties include drivers responsible for fatal car or truck accidents, medical professionals whose errors or omissions result in a patient’s death, and property owners who fail to maintain safe conditions, leading to fatal slip-and-fall accidents. Companies that manufacture defective products or employers who neglect workplace safety can also be held responsible if their negligence causes a death.
Damages Available in Wrongful Death Negligence Claims
If your loved one’s death was caused by someone else’s negligent act, you may be entitled to various types of wrongful death damages to help compensate for your loss. The goal of awarding these damages is to address financial burdens, emotional pain, and, in some cases, to hold the responsible party accountable.
Economic Damages
Economic damages cover the financial losses your family faces due to the death. They include funeral and burial costs and the income or benefits your loved one would have provided. They also include medical bills incurred before their death and other out-of-pocket expenses that affect you and your family.
Non-Economic Damages
Non-economic damages help compensate you for intangible losses such as grief, emotional distress, and the loss of companionship, care, guidance, or support that your loved one provided. These damages recognize the deep personal and emotional impact the death has on your life.
Punitive Damages
In certain cases, the court may also award punitive damages, which are meant to punish particularly reckless or egregious behavior and discourage similar conduct in the future. While not awarded in every case, they may apply if the responsible party acted willfully, maliciously, or with gross negligence.
Wrongful Death vs. Criminal Charges
Even though they may arise from the same incident, wrongful death and criminal charges are two separate legal processes. Wrongful death litigation is a civil court process and focuses on financial compensation for surviving family members rather than punishing the responsible party.
Criminal charges, on the other hand, are filed by the government to punish someone for breaking the law. Such charges apply in cases of homicide, manslaughter, or vehicular manslaughter. Criminal cases can result in fines, imprisonment, or other penalties, but they do not provide compensation to the victim’s family.
As mentioned earlier, it’s possible for the same act to trigger both a wrongful death claim and criminal charges. For example, if a driver causes a fatal motor vehicle accident due to reckless driving, the family can file a wrongful death lawsuit while the state may also prosecute the driver for a criminal offense.
What is the Statute of Limitations for Wrongful Death Actions?
In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the person’s death. The implication is that you must file your wrongful death lawsuit within this period, or you may lose your right to seek compensation.
Note that certain cases, like claims against a government entity, may have shorter deadlines and require special procedures as specified in the California Tort Claims Act (CTCA). So, it’s crucial to act promptly and consult an experienced attorney to protect your rights.
When to Speak With a Wrongful Death Attorney
You should consider speaking with a wrongful death lawyer as soon as you suspect your loved one’s death may have been caused by someone else’s negligence or wrongful conduct. Getting early legal guidance from an experienced lawyer helps you understand your rights and determine whether you have a valid claim. You also need an attorney to guide you through the wrongful death claims process and avoid mistakes that could affect your case.
An attorney can begin gathering evidence, identifying liable parties, and handling communication with insurance companies while you focus on your family. You should also speak with a wrongful death attorney if you are approaching California’s two-year statute of limitations or if the case involves a government entity or multiple parties. And if your settlement negotiations fail, you need strong legal representation to increase your chances of recovering maximum compensation.
Let’s Help You Get the Compensation You Deserve!
While many wrongful death cases arise from negligent acts, wrongful death can also result from intentional acts or strict liability situations. It’s important to understand the legal basis of a wrongful death claim because it determines how the case is built, who may be held responsible, and what compensation surviving family members can pursue. If you’re involved in such claims, work with an experienced wrongful death lawyer to understand your rights and the correct legal process to follow.
If you’ve lost a loved one due to someone else’s negligence or intentional act, Saeedian Law Group is here to help you. Our California wrongful death attorneys have the experience, knowledge, and dedication needed to handle these cases, helping your family seek justice and full compensation. Schedule a free consultation with us for a free case review.
FAQs
Our wrongful death lawyers with over 16 years of experience have provided comprehensive answers to some of the most common questions you may have about wrongful death negligence.
What is considered wrongful death negligence?
Wrongful death negligence occurs when a person or entity fails to use reasonable care and that failure causes someone’s death. Common examples include fatal accidents, medical mistakes, unsafe property conditions, and workplace incidents.
What kind of tort is wrongful death?
Wrongful death is a civil tort claim, not a criminal charge. It allows surviving family members to seek compensation when a death is caused by another party’s wrongful act, neglect, or failure to act.
Who Can File a Wrongful Death Lawsuit?
In California, a wrongful death lawsuit is typically filed by the deceased person’s surviving spouse, domestic partner, or children. If none exist, other relatives or dependents may be eligible to file under state law.
Can you sue a hospital for wrongful death?
Yes, you can sue a hospital for wrongful death if a patient’s death was caused by medical negligence, such as errors by doctors, nurses, or staff. The hospital may be held liable for its employees’ actions or unsafe policies and procedures.
Is wrongful death considered negligence?
Wrongful death itself is not negligence, but it is often based on negligence. Negligence is one legal theory used to prove that another party’s actions or inactions caused the death.
Michael Saeedian founded Saeedian Law Group in 2009 with the goal of providing injured individuals and their loved ones with caring, personalized, and attentive legal representation.