Legal Criteria For Wrongful Death Claim

Wrongful death claims must meet specific criteria in order to move forward through the legal system. The legal system considers wrongful death claims to be very serious. However, unlike standard negligence claims, a person can only file a wrongful death claim in certain situations.

Criteria Required To File A Wrongful Death Claim 

As an Oakland personal injury and accident attorney, I have ushered many bereaved loved ones through their wrongful death suit in order to ensure they receive the compensation needed to continue living while also grieving an insurmountable loss. It is important to understand that California has stringent rules applicable to the filing and pursuit of wrongful death claims, including rules surrounding:

• When a claim will be considered a “wrongful death claim.”
• Who can file a wrongful death suit?
• The deadline (statute of limitations) for filing the claim.
• The types and limits of compensation qualifying parties can receive.

Below are some of the most important things to consider before pursuing a wrongful death claim in civil court.

A Wrongful Death Case Is Separate From Homicide (Criminal) Proceedings

A wrongful death claim brought in civil court is completely different (and separate) from criminal proceedings relating to a homicide. Wrongful death claims are part of the civil court system rather than the criminal justice system. Unlike homicide cases, which seek criminal penalties against the person responsible for the death (such as incarceration, probation, fines, etc.), the primary relief available in wrongful death suits is monetary compensation. 

In some cases, wrongful deaths are the result of criminal negligence or activity, in which case the criminal justice system may be involved to ensure the person or company responsible for the death is criminally charged. However, on the civil side, the goal of a wrongful death case is to obtain the amount of financial compensation necessary to make up for the economic and emotional loss suffered by surviving family members. 

Four Important Criteria For Filing A Wrongful Death Claim

If you think you may have a wrongful death claim, schedule a consultation with a Bay Area personal injury attorney as soon as possible. Time is of the essence here; the longer you wait, the more likely valuable evidence will be lost. 

Below are the four main criteria to keep in mind when filing a wrongful death claim in California. 

The death must have been caused by another party’s negligence or recklessness 

In California, the term “wrongful death” means another person’s or entity’s negligence or recklessness led to the loss of someone else’s life. This includes accidents involving the following situations: 

• Car, bus, motorcycle, and other vehicle-related accidents
• Bike and pedestrian accidents.
• Poorly maintained work equipment or vehicles.
• Dangerous or damaged property.
• Medical malpractice.

Evidence proves the negligent/reckless party was responsible

There must be enough evidence to prove that the defendant’s negligence or recklessness was the reason for the death. In civil cases, the plaintiff or claimant need only generate enough proof or evidence to make it ‘more likely than not’ that the defendant’s conduct caused the death. This is known as the “preponderance of evidence” standard.

In order to establish this causal connection between the defendant’s actions and the death, a skilled personal injury attorney will: 

• Collect all documentation, reports, files, photos, and other related evidence from the scene of the accident/event (when possible).
• Take depositions of witnesses and those with first-hand information, including the police and other emergency responders.
• Retain and prepare expert witnesses.
• Create accident simulations and reconstructions (when applicable).

As attorneys, it is our job to prove to the courts that it is more than likely that your loved one would still be alive if it were not for the defendant’s negligent or reckless decisions/behaviors.

The case was filed by a qualifying party

Another reason it is imperative that you consult with an experienced wrongful death attorney before filing your case is because there are strict rules about who can file the case. This is called “standing.” Only certain people have standing to file a wrongful death case. 

Working with an accomplished wrongful death attorney ensures that the proper people are filing the case and that all the paperwork and fees are completed and filed accordingly.

In wrongful death cases, you must be able to prove that you were the deceased’s:

• Spouse or domestic partner.
• Natural or adopted child.

You can also file a wrongful death case if you:

• Are a legal heir of the deceased, provided there are no surviving members from the list above. If the deceased person had no living spouse, domestic partner, or children, you can file a wrongful death case by proving you are a legal heir of the deceased, according to California’s intestate succession laws.
• Were financially dependent on the deceased, such as a step-child, aging parents relying on the decedent for support, a “putative” spouse, or if the deceased was your legal guardian, etc.

Establishing that a person has standing to file a wrongful death case can be challenging. If you believe you have the right to file a wrongful death case, retaining a proficient wrongful death attorney is essential to protect your rights and ensure your claim survives in court.

The case was filed within two years from the date of death

The California statute of limitations for wrongful death is two years from the deceased’s date of death. Waiting longer than that almost always compromises your ability to file a claim. However, if there is any chance at all that your loved one’s death may qualify for a wrongful death claim, we recommend consulting with a capable wrongful death attorney as soon as possible. 

The more time that passes following the death, the more challenging it can be to secure relevant evidence like photos of the accident scene, reliable witness testimony, medical records, witness testimony, opinions from healthcare providers and first responders, etc. 

Financial Compensation Or Damages From A Wrongful Death Case

While the appropriate amount of compensation for wrongful death is different from case to case, what is true across the board is that the primary goal of wrongful death damages is to compensate survivors for their loss. Wrongful death compensation is broken down into two categories: economic damages and non-economic damages.

Economic damage

Economic damage relates to specific financial figures associated with the victim’s losses, which can be calculated using black-and-white formulas. This includes things like:

• Lost wages/retirement.
• Other related employment benefits.
• Gifts or inheritances expected from the deceased.
• The value of household services provided by the deceased.
• Funeral, burial/cremation, and other related expenses.
• Financial support is provided by the deceased.

Non-economic damage

These financial awards pertain to intangible matters that cannot be calculated dollar-for-dollar. They are similar to “pain and suffering” damages awarded in personal injury lawsuits, and include things like:

• The loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
• The loss of intimacy and sexual relations.
• The loss of the deceased’s guidance or partnership in decision-making.
• The loss of the deceased’s training.

Excluding medical malpractice lawsuits, there is no cap on the amount that can be awarded in wrongful death suits. Settlements or awards of a larger size are typically proportional to the defendant’s level of negligence, recklessness, or malicious intent. For example, a wrongful death award in a case filed against a distracted driver may not be as high as if the accident were caused by a governmental employee driving under the influence on the job.

Schedule A Wrongful Death Claim Consultation With Burneikis Law

We understand there are no words that can soften the pain and despair that follows the unexpected death of a loved one. There is also no amount of money that will make up for the loss a person sustains when a loved one has been killed due to the negligence of another person or entity. The attorneys at Burneikis Law have handled countless wrongful death claims and understand this with a deeper level of understanding due to our experience with these types of cases. Taking action and moving forward with the support of a consummate professional at Burneikis Law will help ensure you and your loved ones are taken care of financially as you move forward one step at a time.

Monica Burneikis was recently named one of California’s Top 50 Women Attorneys in California. Her compassionate heart and stalwart support of clients will help you feel as if you have someone holding you up as you navigate through the legal claims process. Contact us online to schedule a consultation or give us a call at (510) 328-3238. We will take the time needed to listen to you and answer any questions you have. We will guide you through California’s legal criteria for filing and successfully pursuing a wrongful death claim. We will fight to secure the financial compensation you and your family need to help you continue living while grieving an overwhelming loss.