What Is Wrongful Death?

A wrongful death occurs when a person dies because of another’s careless or intentional actions. In the U.S., the victim’s family or estate can file a civil lawsuit to recover damages such as funeral costs, lost income, medical bills, and emotional distress.

Wrongful death claims often arise from car accidents, medical malpractice, unsafe workplaces, defective products, criminal acts, or other preventable incidents. If you’ve lost someone under circumstances that may involve wrongful death, this blog will help you understand how wrongful death claims work and the types of compensation available to your family.

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, you’ll learn what wrongful death is, common causes, who can file a claim in California, the types of damages available, how to prove negligence, and why hiring an experienced attorney can make a critical difference in your case.

What is Wrongful Death?

A wrongful death is a death caused by another person or entity’s negligence, recklessness, or intentional actions. In legal terms, it means the death would not have occurred but for the wrongful act or failure to act. The most common cases of wrongful death are caused by car accidents, medical malpractice, unsafe workplaces, defective products, or intentional harm.

In the U.S., the family or estate of the deceased can file a wrongful death lawsuit to hold the at-fault party accountable for the harm caused by the death. They can recover damages like funeral expenses, lost income, medical bills, and compensation for the emotional distress of losing their loved one. Wrongful death suit is a civil claim, not a criminal charge. However, it can also arise from situations that may involve criminal charges, such as homicide, DUI crashes, or gross negligence.

Although some people casually use the phrase “wrongful murder” when referring to wrongful death, you should not confuse both terms as they’re significantly different. Murder is a criminal offense where the state prosecutes someone for intentionally taking a life. On the other hand, wrongful death is a civil claim focused on financial compensation for the family, even when no crime is charged. In summary, murder seeks punishment, while wrongful death seeks damages

Common Causes of Wrongful Death Cases

Wrongful death can happen in many everyday situations where someone fails to act responsibly or safely. Some of the most common causes include:

Car, Truck, and Motorcycle Accidents

Motor vehicle accidents are one of the leading causes of wrongful death. These cases often involve negligent driving behaviors such as speeding, distracted driving, drunk driving, unsafe lane changes, ignoring traffic signals, etc.

For example, a driver texting while driving may fail to notice a pedestrian crossing the street, leading to a fatal collision. Commercial vehicle accidents, including trucks and rideshare vehicles, also fall under this category because drivers and companies can be held responsible for unsafe practices. In such cases, the decedent’s surviving family members can take a wrongful death action against the at-fault driver.

Medical Malpractice

Medical malpractice happens when healthcare professionals fail to provide adequate care, resulting in fatal injuries or complications. Such situations include misdiagnosis, delayed diagnosis, birth injuries, surgical errors, medication mistakes, or failure to monitor a patient properly. For instance, if a doctor overlooks clear symptoms of a stroke, the delay in treatment can lead to fatal consequences. Hospitals, surgeons, nurses, and pharmacists may all be liable depending on the nature of the mistake.

Workplace and Construction Accidents

High-risk work environments, especially construction sites, frequently lead to fatal accidents when the workers or employers ignore safety rules. The fatal accidents can occur from falls from heights, heavy machinery malfunctions, electrocution, or lack of protective equipment. A common example is a construction worker who dies after falling from an unprotected height because a contractor failed to secure scaffolding. Employers and third-party contractors may be liable for the decedent’s death if they neglect safety standards.

Defective Products

Manufacturers have a legal duty to ensure their products are safe for consumers. As such, when a defective product causes a fatal injury, the manufacturer, distributor, or retailer can be liable. Such cases include unsafe drugs, faulty car parts, defective medical devices, faulty household appliances, contaminated food items, etc. For example, a defective brake system in a car that fails on the highway may lead to a fatal crash, and create grounds for a wrongful death claim.

Nursing Home Neglect or Abuse

Elderly individuals in nursing homes depend on their caregivers for daily support and medical supervision. Wrongful death can occur when staff neglect these duties, leading to fatal infections, dehydration, medication errors, or falls. For example, a resident might die due to repeated falls if a facility fails to monitor them properly. In such cases, the nursing home may be held accountable for negligence.

Accidents on Unsafe Property

Property owners have a duty to maintain safe conditions. When they fail to do so, fatal accidents can occur, such as slip-and-fall accidents, drowning incidents, fires, or injuries caused by poor security. A common example is a hotel that fails to repair a broken pool gate, allowing a child to wander in and drown. These types of cases fall under premises liability claims, and the property owner or manager may be held liable for the person’s death.

Pedestrian and Bicycle Accidents

Pedestrians and cyclists are vulnerable on the road, especially when drivers fail to follow traffic laws. Fatal accidents often occur when drivers speed through crosswalks, fail to yield, or drive distracted. A common scenario is a cyclist hit by a driver making an illegal turn. If a driver’s negligence results in a pedestrian or cyclist’s death, families may file a wrongful death lawsuit.

Criminal Acts

Intentional acts like assault, robbery, shootings, or stabbings can also lead to wrongful death cases. Even if the offender faces criminal charges, the victim’s family can still pursue a civil claim for financial compensation. For example, if someone is killed during an armed robbery, the family may file a wrongful death lawsuit separate from the criminal case. In addition, even if the defendant is not convicted in criminal court, they can still be held financially responsible in civil court

Aviation and Boating Accidents

Fatalities may also occur due to pilot error, mechanical failure, inadequate training, or negligent operation of aircraft and boats. A small airplane crash caused by poor maintenance or a boating accident caused by an intoxicated operator can form the basis of a wrongful death claim. These cases often involve complex investigations but still fall under wrongful death law when negligence is found.

Who Can File a Wrongful Death Claim in California?

Every state has its own rules for who is legally allowed to file a wrongful death claim. In California, these rules are outlined under California Code of Civil Procedure § 377.60, which restricts filing rights to specific family members and dependents. These are the people who can legally file a wrongful death lawsuit in California.

• Surviving Spouse or Domestic Partner: The deceased person’s lawful spouse or registered domestic partner has the primary right to take a wrongful death action. California recognizes domestic partnerships, so long-term partners who are officially registered have the same rights as spouses.
• Children of the Deceased: Biological and adopted children can file a wrongful death claim. If the deceased had minor children, they are entitled to recover damages for the loss of financial support, guidance, and companionship.
• Grandchildren: If the deceased person’s children have already passed away, the grandchildren may step in and file the wrongful death claim. This ensures that the next generation can still pursue compensation.
• Putative Spouse and Their Children: A putative spouse is someone who believed in good faith that they were legally married to the deceased, even if the marriage turned out to be invalid. California law allows the putative spouse and their children to file for wrongful death if they were financially dependent on the deceased.
• Other Heirs Under California’s Intestate Succession Laws: If the deceased has no surviving spouse, domestic partner, children, or grandchildren, California turns to its intestate succession rules. This means the next eligible heirs, such as parents or siblings, can file a wrongful death claim. For example, if an unmarried adult with no children dies, their parents may have the right to file.
• Financial Dependents of the Deceased: California also allows certain non-immediate family members to file if they were financially dependent on the deceased. For example, if a parent or stepchild relied on the deceased for at least 50% of their financial support, they may be eligible to bring a wrongful death claim. However, these individuals must provide evidence of actual financial dependence to qualify.
• Personal Representative of the Estate: A wrongful death claim can also be filed by the personal representative (executor) of the decedent’s estate. In some cases, only the personal representative can file the claim on behalf of all eligible heirs, and the compensation is later divided according to California law.

What Damages Can You Recover in a Wrongful Death Case?

In a wrongful death action, the law allows surviving family members to recover both economic and non-economic damages. These damages help cover the economic impact of the death as well as the emotional distress suffered by the family. Let’s discuss the available damages in detail.

1. Economic Damages

Economic damages cover the direct financial losses caused by the death. They include medical bills, funeral and burial expenses, and lost future earnings, and the value of household services they provided. For example, if the deceased was the primary breadwinner, the family can recover the income and benefits they would have contributed over their lifetime. Families may also recover the value of childcare, home maintenance, or other services the deceased regularly performed.

2. Non-Economic Damages

Non-economic damages compensate the family for the emotional and relational losses caused by the death. Damages in this category include loss of companionship, love, care, guidance, protection, and emotional support. For a spouse, this may include the loss of marital companionship and affection. For children, it could include the loss of a parent’s guidance and nurturing. These damages do not have a fixed dollar amount and are determined based on the impact of the loss on the family.

3. Loss of Financial Support for Dependents

If the deceased had dependents who relied on their income, they can recover the loss of financial support. Survivors in this group include spouses, children, or financially dependent relatives. Damages in this context covers both current and future support the deceased would have provided. For example, if the deceased was a primary breadwinner, the spouse and children can recover the financial support they relied on for housing, education, and daily living.

4. Punitive Damages

Punitive damages are not available in most wrongful death cases unless the claim involves a survival action or extremely reckless conduct. The goal is to punish the defendant and deter similar behavior, not to compensate the family. For example, punitive damages may apply in cases involving drunk driving, violent acts, or extreme disregard for human life.

How to Prove Negligence in a Wrongful Death Case

To win a wrongful death case, you must prove that the defendant’s careless or reckless actions directly caused the decedent’s death. You’ll be required to prove the same elements of negligence used in personal injury cases, but with evidence strong enough to show that the wrongful conduct led to a fatal outcome. The four key elements required to prove a wrongful death claim are:

1. Duty of Care: You must first show that the defendant owed the deceased a legal duty of care. This means the defendant had a responsibility to act reasonably or follow certain rules. For example, drivers have a duty to obey traffic laws, and doctors have a duty to provide competent medical treatment. Establishing a duty of care often involves referencing laws, professional standards, or expected behavior in the situation.
2. Breach of DutyAfter establishing duty, you must prove that the defendant failed to meet that responsibility. A breach occurs when someone acts carelessly, recklessly, or violates a safety rule. For instance, a driver who texts while driving or a doctor who misreads a critical test result has breached their duty. Evidence such as eyewitness testimony, medical records, surveillance video, or expert opinions helps show that the defendant’s conduct fell below reasonable standards.
3. CausationNext, you must show that the defendant’s breach directly caused the death. It means you must prove that the fatal outcome would not have occurred if the defendant had acted responsibly. For example, if a speeding driver runs a red light and causes a fatal crash, the connection between the reckless action and the death is clear. Without a clear connection between the breach and the death, the claim cannot succeed.
4. DamagesFinally, you must show that the death resulted in real, measurable losses. These damages can include funeral costs, medical bills, lost income, loss of companionship, conscious pain and suffering, and emotional suffering. Proving damages demonstrates the financial and personal impact on surviving family members and is essential for recovering compensation.

Types of Evidence Needed to Prove Negligence in a Wrongful Death Lawsuit

To support these elements, families typically use evidence such as medical records, expert testimony, accident reports, witness statements, surveillance footage, employment records, or product testing results. For example, an accident reconstruction expert may be used to show how a driver’s speeding caused a fatal crash. Strong, well-organized evidence makes it easier to prove each element of negligence.

Why You Should Hire a Wrongful Death Attorney

Wrongful death cases are usually complex and require extensive knowledge of legal standards, evidence, and compensation rules. Therefore, you need the right legal support and representation to win. An experienced wrongful death lawyer knows the laws, deadlines, and procedures that govern wrongful death claims and ensures your case is filed correctly.

They can investigate the case thoroughly by gathering evidence, interviewing witnesses, obtaining expert opinions, analyzing medical records, and connecting the defendant’s conduct directly to the death. These steps are essential for proving negligence, especially when the defendant or insurance company disputes liability, Additionally, strong evidence can significantly influence the outcome of your claim.

A wrongful death attorney also protects families from insurance companies that often try to minimize payouts or pressure them into accepting low settlement amounts. First, they know how to calculate the full value of your family’s losses. Then, they negotiate aggressively on your behalf and make sure you receive full compensation for economic and non-economic damages. In case the case goes to trial, wrongful death attorneys can also represent you in court.

Most importantly, an attorney allows your family to focus on grieving while they handle the legal burden. With a lawyer advocating for them, families are better positioned to secure justice and the financial compensation they deserve while focusing on healing from the devastating loss.

Let’s Help You Get the Compensation You Deserve!

Wrongful death cases are emotionally overwhelming, but understanding how these claims work can help families take the next steps towards recovering damages. From identifying who can file a claim to proving negligence and calculating damages, every step requires careful attention to detail and adherence to legal deadlines. Ultimately, it’s best to work with an experienced wrongful death lawyer who can represent you effectively and also guide you through the process.

If your loved one’s death may have been caused by someone else’s negligence or misconduct, Saeedian Law Group is here to help you. Our California wrongful death attorneys have the experience, knowledge, and dedication needed to handle these cases, ensuring your family receives justice and full compensation. Schedule a free consultation with us for a free case review.

FAQs

At Saeedian Law Group, we understand that wrongful death cases can be confusing and emotionally challenging. That’s why our wrongful death lawyers with over 16 years of experience have provided some quick answers to some of the most common questions you may have.

What to do if you suspect wrongful death

If you suspect a wrongful death, contact a qualified wrongful death attorney as soon as possible. They can review the circumstances, gather evidence, and advise you on your legal options. Avoid speaking to insurance companies or signing documents before getting legal advice.

How long do I have to file a wrongful death claim?

The deadlines to sue someone for wrongful death may vary by state. In California, the statute of limitations for wrongful death is two years from the date of death. In Missouri, the deadline is three years. If you don’t file within this window, you may lose your right to compensation. That’s why it’s important to consult with an attorney who knows what applies in your jurisdiction.

How much compensation can you receive for wrongful deaths?

There’s no fixed amount. Compensation depends on the circumstances, including financial and emotional losses. Families can recover medical bills, funeral costs, lost income, loss of support, and sometimes emotional damages. The exact amount varies case by case.

Do wrongful death cases always go to court?

No, many wrongful death claims are settled out of court through negotiations or mediation. However, if the parties cannot agree on fair compensation, the case may proceed to trial. An attorney can help determine the best approach for your situation.