The sudden loss of a loved one is devastating, especially when it is caused by someone else’s negligence or wrongful actions. Wrongful death occurs when a person dies due to the negligent or intentional misconduct of another party, whether in a car accident, medical malpractice, workplace incident, or other tragic circumstances. While no amount of compensation can bring a loved one back, pursuing a wrongful death claim can help families secure the financial stability they need and hold the responsible party accountable.

At Knapp Moss, we understand the emotional and financial challenges that follow a wrongful death. Our compassionate and experienced wrongful death lawyers are dedicated to helping families seek justice and recover the compensation they deserve.

What is a Wrongful Death?

A wrongful death occurs when a person dies due to another party’s negligence, recklessness, or intentional act. In California, surviving family members or the estate of the deceased may file a wrongful death lawsuit to seek compensation for the loss of their loved one. Common causes of wrongful death include:

• Car Accidents: Fatal car accidents often occur due to reckless driving, speeding, driving under the influence, or distracted driving. If a negligent driver caused the death of your loved one, you may have grounds for a wrongful death claim.
• Medical Malpractice: When a healthcare provider’s negligence leads to a patient’s death, such as misdiagnosis, surgical errors, or medication mistakes, surviving family members can pursue a wrongful death claim against the responsible doctor, hospital, or other medical professionals.
• Workplace Accidents: Dangerous workplaces, particularly in industries like construction, manufacturing, or transportation, often lead to fatal accidents. Employers or third parties can be held liable for workplace deaths caused by safety violations or negligence.
• Defective Products: If a product’s design flaw or manufacturing defect results in a fatal accident, the manufacturer or distributor may be liable for wrongful death. Common examples include defective automobiles, medical devices, or machinery.
• Premises Liability: Fatal accidents caused by unsafe property conditions, such as slip-and-falls, drownings, or falling objects, can lead to wrongful death claims against property owners or occupiers.
• Criminal Acts: Intentional acts of violence, such as assault or homicide, may result in both criminal charges and a wrongful death lawsuit filed by the victim’s family.

Who Can File a Wrongful Death Claim?

In California, certain family members and dependents are eligible to file a wrongful death lawsuit. These individuals may include:

• Spouse or Domestic Partner: The surviving spouse or registered domestic partner of the deceased can file a wrongful death claim.
• Children: The deceased person’s children are eligible to file a wrongful death claim. This includes biological children, adopted children, and, in some cases, stepchildren who were financially dependent on the deceased.
• Parents: If the deceased person was unmarried and had no children, the parents of the deceased may be entitled to file a wrongful death claim.
• Other Dependents: In some cases, individuals who were financially dependent on the deceased, such as stepchildren, putative spouses, or minors who lived with the deceased for at least six months, may also be eligible to file a claim.

Why You Need a Wrongful Death Lawyer

Wrongful death cases are often legally complex and emotionally charged. Working with an experienced wrongful death lawyer can provide essential support and guidance throughout the process, ensuring that your rights are protected and that you receive fair compensation. Here’s why hiring a lawyer is crucial:

• Proving Negligence or Misconduct: To succeed in a wrongful death claim, you must prove that the death was caused by another party’s negligence, recklessness, or intentional wrongdoing. Your lawyer will investigate the circumstances of the death, gather evidence, and build a case to hold the responsible party accountable.
• Calculating Damages: Wrongful death cases involve both economic and non-economic damages, including loss of financial support, medical expenses, funeral costs, and the emotional impact of losing a loved one. A lawyer will help calculate the full extent of your losses and ensure that you pursue maximum compensation.
• Handling Insurance Companies: Insurance companies often attempt to minimize payouts in wrongful death cases, particularly when large settlements are involved. Your lawyer will handle negotiations with insurers to ensure that you receive a fair settlement for your losses.
• Meeting Legal Deadlines: California law imposes strict deadlines, known as statutes of limitations, for filing wrongful death claims. In most cases, you have two years from the date of death to file a lawsuit. Your lawyer will ensure that all legal deadlines are met to preserve your right to compensation.

Types of Compensation in Wrongful Death Cases

A wrongful death claim allows surviving family members to seek compensation for both economic and non-economic losses resulting from their loved one’s death. Common types of compensation in wrongful death cases include:

• Funeral and Burial Expenses: Surviving family members can seek compensation for the reasonable costs of funeral and burial services.
• Medical Expenses: If the deceased incurred medical expenses before their death, such as emergency treatment or hospitalization, the family can recover those costs through a wrongful death claim.
• Loss of Financial Support: Family members may seek compensation for the loss of the deceased’s income, benefits, or financial support that they would have provided had they lived. This can include both past financial support and the loss of future earnings.
• Loss of Companionship: Surviving family members may be entitled to compensation for the emotional pain and suffering caused by the loss of companionship, guidance, and emotional support provided by the deceased.
• Loss of Household Services: Family members may recover compensation for the value of household services that the deceased would have provided, such as childcare, housekeeping, or maintenance tasks.
• Loss of Consortium: Surviving spouses or domestic partners can seek compensation for the loss of intimacy, affection, and companionship that they experienced as a result of their loved one’s death.

Proving a Wrongful Death Claim

To successfully pursue a wrongful death claim, certain legal elements must be established. These elements include:

1. Duty of Care: The plaintiff must prove that the defendant owed the deceased a duty of care. For example, drivers owe a duty to operate their vehicles safely, and doctors owe a duty to provide competent medical care.
2. Breach of Duty: The plaintiff must demonstrate that the defendant breached their duty of care through negligent or wrongful actions. This could involve reckless driving, medical errors, or failing to maintain safe premises.
3. Causation: The plaintiff must prove that the defendant’s breach of duty directly caused the death of the victim. Your lawyer will gather evidence, including medical records, accident reports, and expert testimony, to establish this link.
4. Damages: The plaintiff must show that they have suffered measurable damages as a result of their loved one’s death, such as financial losses, emotional suffering, or loss of companionship.

Wrongful Death vs. Survival Action

In California, a wrongful death claim is distinct from a survival action. While a wrongful death claim seeks compensation for the family’s losses, a survival action allows the deceased person’s estate to recover damages on behalf of the deceased for injuries or suffering they endured before death. These claims may include:

• Medical expenses incurred before death
• Pain and suffering the deceased experienced before passing
• Lost wages between the time of injury and death

Survival actions are typically filed alongside wrongful death claims, and your lawyer will help you determine which types of damages to pursue.

How a Wrongful Death Lawyer Can Help

Navigating the legal process after the death of a loved one can be overwhelming, particularly when you are grieving. A wrongful death lawyer can provide invaluable assistance throughout the legal process:

• Investigating the Circumstances of the Death: Your lawyer will conduct a thorough investigation into the cause of death, gather evidence, interview witnesses, and consult with experts to build a strong case.
• Filing the Lawsuit: Your lawyer will handle all legal filings and ensure that your wrongful death claim is filed within the statute of limitations.
• Negotiating with Insurers: Insurance companies often attempt to settle wrongful death claims quickly and for less than the family deserves. Your lawyer will negotiate with insurers on your behalf to secure a fair settlement.
• Representing You in Court: If a settlement cannot be reached, your lawyer will represent you in court, presenting your case to a judge or jury and advocating for maximum compensation.

Why Choose Knapp Moss?

At Knapp Moss, we have more than 30 years of extensive experience handling wrongful death cases throughout California. Our legal team is committed to providing compassionate, client-focused representation, and we fight tirelessly to ensure that families receive the justice and compensation they deserve. We work on a contingency fee basis, meaning you don’t pay unless we win your case.

Conclusion

If you have lost a loved one due to someone else’s negligence or misconduct, hiring an experienced wrongful death lawyer can help you pursue justice and secure the compensation you need. At Knapp Moss, we are here to support you every step of the way. Contact us today for a free consultation.