Wrongful Death Actions
The death of a loved one is a life altering event. Even more so, when the circumstances of that death are wrongful. Under California law, a death is considered “wrongful” when it results from negligent or unlawful acts of another person or party.
Examples of Wrongful Death Actions:
- Car accidents resulting in the death of a party
- Slip and fall accidents resulting in the death of a party
- Medical malpractice incidents resulting in the death of a party
- Workplace accidents resulting in the death of a party
- Police encounters resulting in the death of a party
Many wrongful death actions also include when a person believes someone was intentionally killed. Although these cases often involve crimes, a wrongful death lawsuit is a civil action, not criminal. People often file wrongful death claims in conjunction with criminal proceedings or when there is no criminal proceeding at all in efforts of obtaining the best compensation for the death. Those that file claims in conjunction with criminal proceedings may also have better luck due to the lower burden of proof required in civil claims.
- In criminal cases, you must prove beyond a reasonable doubt that the defendant’s negligent or unlawful conduct caused the death.• In civil cases, you may prevail on the claim based on a preponderance of the evidence.
Who Can File a Wrongful Death Action?
Wrongful death claims are interesting because the person who would usually be filing the lawsuit is deceased. Most commonly, wrongful death actions are filed by the family of the deceased. However, who can file a wrongful death action depends on the state. According to California’s wrongful death statute, these people are allowed to file a wrongful death action:
- The decedent’s spouse or domestic partner
- The decedent’s children, or
- The grandchildren of any deceased child of the decedent
The following people are allowed to bring a wrongful death claim if they can show they were financially dependent on the deceased:
- The decedent’s “putative spouse” (one with good faith but mistaken belief that they were in a lawful marriage with the deceased)
- Children of the decedent’s putative spouse
- The decedent’s stepchildren, or
- The legal guardians of the decedent, if the parents are deceased
If you are experiencing the loss of a loved one and need guidance through the numerous legal hoops of filing a wrongful death lawsuit, please contact our firm. Wrongful death cases are technical and complicated. It’s extremely important to have the best representation possible and have a lawyer who will always be by your side. Call the Hariri Law Group we will always be by your side and never stop fighting to obtain the justice and compensation for your loss and to help you get through this difficult time.
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