Setareh Law
April 8, 2025
Losing a loved one is one of the most painful experiences you may go through. It is even more devastating when you suspect that your loved one died due to someone else’s negligence, leading to a California wrongful death. Investigating a wrongful death, piecing together the evidence, and presenting it before the court is complicated and overwhelming to do by yourself.
For this reason, it is best to work with a wrongful death attorney from Setareh Law in California to help you through every step of your case. If you feel like someone made a mistake leading up to the loss of your loved one, an expert can help you get the justice you deserve.
What Is Wrongful Death for Surviving Family Members?
Wrongful death is when a person passes away due to another person’s neglect, violation of a legal duty, or intentional misconduct. This may result from a car accident, defective products, workplace accidents, and much more. California has a public policy to compensate surviving family members of wrongful death accidents and deter future reckless conduct.
California’s wrongful death statute outlines the legal framework for these claims, specifying who is eligible to file a lawsuit and the types of damages that can be claimed.
Close family members can bring a wrongful death action against a potential culprit. Even if this person is not guilty of criminal charges, they could still be liable for causing your loved one’s death. This is because a wrongful death action doesn’t require a high burden of proof. If you win the case, the law can compensate you for losing your family member. However, payment of the damages is limited to only close family members. This includes spouses and children of the deceased.
In some unique circumstances, grandchildren or other dependents can successfully file for wrongful death. For instance, if you are a spouse, you are entitled to financial support for life. Children also deserve support from their parents till the age of 18. However, if you want them to get any financial support past the age of 18, you must demonstrate that the child would likely continue getting more financial help from the deceased past this age.
Differences between a Wrongful Death Lawsuit and a Criminal Homicide Case
A wrongful death lawsuit and a criminal homicide case, though both arising from the death of a person, serve different purposes and follow distinct legal paths. Understanding these differences is crucial for surviving family members seeking justice and compensation.
Purpose: A wrongful death lawsuit is a civil action aimed at providing financial compensation to the surviving family members for their losses. This can include medical expenses, funeral costs, and lost income. In contrast, a criminal homicide case is a criminal prosecution intended to hold the perpetrator accountable for their actions and to impose penalties such as imprisonment or fines.
- Procedures: In a wrongful death lawsuit, the surviving family members or the estate of the deceased file the case, which is handled by a civil court. On the other hand, a criminal homicide case is initiated by the state or federal government and is processed through the criminal court system.
- Outcomes: The outcome of a wrongful death lawsuit is typically a monetary award to the surviving family members, helping them cover expenses and secure their future. Conversely, a criminal homicide case can result in a conviction and punishment for the perpetrator, such as imprisonment or fines, but does not provide financial compensation to the family.
- Standard of Proof: The standard of proof in a wrongful death lawsuit is “preponderance of the evidence,” meaning it must be more likely than not that the defendant was responsible for the death. In a criminal homicide case, the prosecution must prove the defendant’s guilt “beyond a reasonable doubt,” a much higher standard.
- Punitive Damages: Punitive damages may be awarded in a wrongful death lawsuit to punish particularly egregious conduct and deter future wrongdoing. However, in a criminal homicide case, punitive damages are not applicable, though the perpetrator may face enhanced sentencing.
Understanding these differences can help family members navigate their legal options and pursue the appropriate course of action for justice and compensation.
Elements of a Wrongful Death Case
A wrongful death case hinges on four critical elements: duty of care, breach of duty, causation, and damages. Each element must be established to build a strong case and secure compensation for the surviving family members.
Duty of Care
The duty of care is a foundational element in a wrongful death case. It refers to the legal obligation of the defendant to act with reasonable care towards the deceased person. This duty can arise from various sources, such as contractual relationships, statutory duties, or common law principles. For instance, doctors have a duty of care to provide proper medical treatment to their patients, while drivers have a duty to operate their vehicles safely and obey traffic laws.
Breach of Duty
A breach of duty occurs when the defendant fails to fulfill their duty of care, leading to the death of the deceased person. This breach can manifest in several ways, including negligence, recklessness, or intentional acts. For example, a doctor who misdiagnoses a condition or a driver who runs a red light and causes a fatal accident may be considered to have breached their duty of care.
Causation and Damages
Causation and damages are essential components of a wrongful death case. Causation establishes the link between the defendant’s breach of duty and the death of the deceased person. This can be demonstrated through expert testimony, such as from doctors or accident reconstruction specialists, and physical evidence like photographs or videos.
Damages refer to the losses suffered by the surviving family members due to the deceased person’s death. These can include economic damages, such as medical expenses, funeral costs, and lost income, as well as non-economic damages like pain and suffering, emotional distress, and loss of companionship. For instance, a surviving spouse may claim damages for the loss of their partner’s financial support and the emotional trauma experienced.
By understanding and proving these elements, surviving family members can build a compelling wrongful death case and seek the justice and compensation they deserve.
Factors That Influence Compensation in a California Wrongful Death Case
Determining how much the deceased could have contributed to a spouse’s or children’s life is complicated. The California civil jury instructions provide guidelines on the permissible damages in wrongful death lawsuits, helping jurors understand the legal concepts and categories of damages that can be awarded. The law divides the damages into two categories: economic and non-economic damages. Economic damages predominantly focus on the financial losses the surviving family will suffer. They comprise lost income, funeral expenses, or medical fees. On the other hand, non-economic damages revolve around intangible aspects such as emotional loss, pain, suffering, and loss of companionship.
The judge will look at the magnitude and nature of the reckless conduct leading to loss of life. The defendant’s financial capabilities and insurance coverage also come under scrutiny. The quality of your legal representation can undoubtedly influence compensation in a wrongful death case. A competent and experienced team from Setareh Law can help you go after all the potential damages you deserve.
Work With an Experienced Setareh Law Wrongful Death Lawyer in California
Have you recently lost a loved one? The next step is to hire a skilled and supportive personal injury lawyer to help you with the case. Some benefits you will get from working with the right legal team include emotional support and guidance, thorough investigation to gather adequate evidence, solid legal strategy, and superior negotiation skills to get a fair settlement.
As personal attorneys, our team at Setareh Law has access to a network of resources that will benefit your case. We collaborate with top accident reconstruction specialists, doctors, and other professionals. Most importantly, we give our clients dedicated attention because our caseload is lower than that of a public defender. If you or anyone you know feels they lost their loved one due to someone else’s misconduct, fill out our contact form or call us at (310) 659-1826. We will be happy to represent you in a wrongful death case. Our team also speaks Spanish.
