California Wrongful Death Attorneys

Helping Families & Survivors After Tragic Loss

The loss of a loved one is never easy to bear. When a family member dies in a preventable accident, due to another person's negligence, the pain and suffering are only compounded. At Alvandi Law Group, P.C., our California wrongful death attorneys can help you understand your legal options after a loved one's untimely passing. Our team is committed to helping families and loved ones seek justice and closure in the wake of a wrongful death.

Call our office at (800) 980-6905 or contact us online to schedule a free consultation.

What is Wrongful Death?

Wrongful death in California refers to a legal concept where a person's death is caused by the wrongful act or negligence of another party. This area of law allows the surviving family members or heirs of the deceased person to seek compensation for their losses resulting from the death. Wrongful death claims are civil lawsuits and are separate from any criminal charges that may be brought against the responsible party.

Essential Elements of a Wrongful Death Claim

Key elements of a wrongful death claim in California typically include:

1. Duty of Care: The plaintiff (the party filing the lawsuit) must establish that the defendant owed a duty of care to the deceased person. This duty of care could arise from various circumstances, such as in cases of medical malpractice, car accidents, product liability, or other situations where someone had a responsibility to prevent harm to the deceased.
2. Breach of Duty: The plaintiff must show that the defendant breached their duty of care through negligence, recklessness, or intentional wrongdoing. For instance, if a driver was speeding and caused a fatal accident, that could be considered a breach of their duty of care.
3. Causation: It must be proven that the defendant's breach of duty was a direct cause of the deceased person's death.
4. Damages: The plaintiff must demonstrate that they have suffered monetary and emotional losses as a result of the death. Damages can include medical expenses, funeral costs, lost income, loss of companionship, and other losses related to the death.

Who Can File a Wrongful Death Lawsuit in California?

In California, a wrongful death lawsuit can typically be filed by certain individuals who are considered "real parties in interest." These individuals have the legal standing to bring a wrongful death claim on behalf of the deceased person.

The following parties are generally eligible to file a wrongful death lawsuit in California:

• Surviving Spouse: The surviving spouse of the deceased person has the primary right to file a wrongful death claim. The spouse can bring the lawsuit individually or jointly with other eligible parties, such as children.
• Children: Surviving children of the deceased person can also file a wrongful death lawsuit, either separately or jointly with the surviving spouse.
• Domestic Partner: A registered domestic partner who was legally recognized under California law at the time of the deceased person's death can file a wrongful death claim.
• Legal Heirs: If there is no surviving spouse, domestic partner, or children, the deceased person's legal heirs can file a wrongful death claim. This may include parents, siblings, or other close relatives who are entitled to the deceased person's estate under California's laws of intestate succession.
• Financial Dependents: Individuals who can demonstrate that they were financially dependent on the deceased person may also have the right to file a wrongful death lawsuit. This can include stepchildren, parents, or other relatives who can establish that they were financially dependent on the deceased.

What Damages Can Be Recovered in a Wrongful Death Lawsuit in CA?

In a wrongful death lawsuit, the deceased's family can usually seek compensation for:

• Final medical expenses
• Funeral/burial expenses
• Lost wages
• Lost future earnings
• Loss of companionship
• Loss of consortium
• Pain and suffering

In rare cases, punitive damages may be awarded. Punitive damages are meant to punish the at-fault party and deter them and others from committing similar wrongful acts in the future. Punitive damages can be awarded in cases where the wrongdoer's actions were especially malicious or egregious.

Why Hire an Experienced Wrongful Death Attorney?

After the loss of a loved one, you may not know where to turn. The compassionate legal team at Alvandi Law Group, P.C. is here to help. Our wrongful death lawyers can guide you through the legal process and help you seek justice and closure. Our team is committed to helping families and loved ones seek justice and closure in the wake of a wrongful death.

Contact Our Wrongful Death Attorneys for a Free Consultation. Call (800) 980-6905 or contact us online today.