What Are the Elements of a California Wrongful Death Case?

Key Takeaways

To succeed in a wrongful death lawsuit, you must prove four elements: duty of care, breach of duty, causation, and damages.
You must show that the defendant had a responsibility to act safely, failed in that duty, and directly caused your loved one’s death.
The right to file a claim is typically reserved for the deceased’s surviving spouse, domestic partner, children, or other dependents.
California has a two-year statute of limitations for wrongful death claims from the date of the incident.

If you lose a loved one due to another party’s negligence, you can hold that party accountable by filing a wrongful death lawsuit. However, to collect compensation, you must prove all the elements of a California wrongful death case. The skilled and experienced attorneys at Cutter Law P.C. are here to help. We will analyze the facts, investigate your claim, and gather the evidence you need to support each element of your case.

Quicklinks

How Do You Prove a Wrongful Death Lawsuit in California?
Elements of a Wrongful Death Case
Common Causes of Wrongful Death in California
Who Can File a Wrongful Death Claim?
What Is the Average Settlement for Wrongful Death Cases?
Wrongful Death Statute of Limitations in California
How an Experienced California Wrongful Death Lawyer Can Help You
Contact Our California Wrongful Death Attorneys

Losing a loved one is always a heart-wrenching experience. When that loss happens because of someone else’s conduct, it can be especially devastating. While no legal action can ever undo the loss, victims’ families can seek to hold the responsible parties accountable and pursue some measure of justice through wrongful death lawsuits.

However, you must prove specific elements of a California wrongful death case to collect compensation. If you want to learn more about the merits of your claim, you need a skilled attorney on your side.

At Cutter Law P.C., we have successfully helped thousands of clients with personal injury and wrongful death cases. Contact our legal team to see how we can assist with your claim.

How Do You Prove a Wrongful Death Lawsuit in California?

A wrongful death occurs when someone dies due to the negligence, carelessness, or wrongdoing of another person or entity. These events often result from a workplace mishap, medical malpractice, or an automobile accident caused by a careless driver.

If you want to prove the elements of a California wrongful death lawsuit, you must show that another party was responsible for your loved one’s death. An experienced wrongful death attorney can help protect your rights and build a stronger case.

Insurance companies often try to blame the deceased person for their own death even if another party was responsible. A lawyer will help you by doing the following:

Documenting the incident
Investigating your claim
Collecting and gathering vital evidence
Consulting expert witnesses
Advocating on your behalf
Communicating with insurance companies
Representing you in negotiations
Litigating your case in court
Trying your case if necessary

Before proceeding with the case, your claim must fulfill all the wrongful death elements.

Elements of a Wrongful Death Case

Many wrongful death lawsuits are negligence claims. To collect compensation, you must show the other party’s negligence caused your loved one’s death and the resulting damages. There are four elements you need to prove to win this type of wrongful death case in California.

Duty of care

To receive wrongful death compensation, you must first establish the defendant owed your loved one a duty of care. The exact duty of care owed will depend on the circumstances. But, in general, most people have a duty to act as a reasonable, prudent person would in the same circumstances. For example, drivers have a duty to obey traffic rules and drive safely.

Breach of Duty

You must then prove the other party failed to meet this duty of care. This is called a breach of duty. For example, if your loved one was killed by a driver who ran a red light, that driver’s action was a breach of duty because they failed to obey traffic rules.

Causation

In these cases, a cause-and-effect relationship must exist between the defendant’s actions and your loved one’s death. Expert testimony and other types of evidence, such as video or eyewitness testimony, may be required to connect the defendant’s breach of duty to your loved one’s death.

Damages

Finally, your attorney must demonstrate the wrongful death caused damages to the surviving family members. These damages can include:

Estimating the monetary value of these damages can be difficult. For that reason, many families hire an experienced personal injury lawyer to assist with their case.

Common Causes of Wrongful Death in California

Wrongful deaths can occur in various ways. Some of the common causes in California include:

Car accidents: Speeding, distracted driving, and drunk driving often cause fatal accidents. These negligent drivers can be held responsible for their actions through a wrongful death claim.
Medical malpractice: Health care professionals have a duty of care to their patients. When they do not provide an acceptable standard of care, that may lead to a wrongful death lawsuit.
Work-related accidents: Workplace accidents occur in many places, such as construction sites or factories. Unsafe working conditions or inadequate safety measures often lead to fatalities.
Defective products: Some products have design flaws or manufacturing defects that cause fatal accidents. The manufacturers often know about the risk but continue to produce the product.
Premises liability: Owners may be liable if they fail to address a hazard on their property, such as a broken sidewalk or unsafe swimming pool. If these hazards caused someone to die, that may be grounds for a wrongful death lawsuit.
Criminal acts: Wrongful death claims can result from assault, murder, or manslaughter. Sometimes, a victim’s family can bring a wrongful death case against the perpetrator.

Who Can File a Wrongful Death Claim?

In California, certain individuals are eligible to file a wrongful death claim. These parties include:

The deceased's surviving spouse or domestic partner
Surviving children, whether biological, adopted, or stepchildren
The children of the decedent's deceased children
Dependent minor children who resided with the deceased at least 180 days before their passing
Parents financially reliant on their child who passed away
If the decedent has no surviving descendants, other beneficiaries who would be entitled to the decedent's property under the state's intestate succession laws

What Is the Average Settlement for Wrongful Death Cases?

In 2023, the average wrongful death settlement is estimated to range from $800,000 to $5 million. Generally, the average settlement amount varies depending on the circumstances of the case. Some factors that influence these amounts include:

If you believe the actions or inactions of another lead to your loved one’s death, consult with an experienced attorney. These legal professionals will evaluate the unique aspects of your case and determine how much compensation you can seek.

Wrongful Death Statute of Limitations in California

In California, a strict statute of limitations applies to wrongful death claims. California’s statute of limitations for wrongful death lawsuits is two years from the date of the incident. If you fail to file a claim within that period, you may lose your right to seek compensation.

However, there are some exceptions to the statute of limitations. For example, if you’re bringing a medical malpractice claim, you have up to three years to file. If you want to determine your eligibility, consult with a skilled wrongful death attorney.

How an Experienced California Wrongful Death Lawyer Can Help You

When there is a death of a loved one, it can take an emotional toll on the remaining family members. You need an experienced California wrongful death lawyer to represent you throughout the legal process. Some benefits of hiring an attorney include:

Legal knowledge: A skilled and knowledgeable attorney understands California's wrongful death laws and legal procedures. You can have peace of mind that they will know how to use the law and evidence to argue the other party is responsible for your loved one's death and your damages.
Investigation: Lawyers have the resources and knowledge to fully investigate the circumstances surrounding the death. Along with that, they can gather evidence to support your claim.
Negotiation: Attorneys can communicate with insurance companies and the responsible party on your behalf to seek a fair settlement.
Advocacy: If a settlement cannot be reached, a lawyer can represent you in court and present your case to a judge and jury.

Contact Our California Wrongful Death Attorneys

Losing a loved one due to the negligence or wrongful actions of another is a tragic and emotional experience. However, California law allows surviving family members to seek justice and compensation through wrongful death lawsuits.

An experienced California wrongful death lawyer can be instrumental in pursuing the justice and compensation your family deserves. At Cutter Law P.C., we have handled numerous wrongful death cases and helped lighten these families’ financial burdens as they rebuild their lives.

Nothing can bring back the loss of a loved one. However, we can help you seek justice on their behalf. Contact us today for a free case review.