California Wrongful Death Attorney

Losing someone you love is never easy, especially when the death was caused by someone else’s careless or reckless actions. A wrongful death can leave families overwhelmed, both emotionally and financially. From the shock of the loss to the unexpected medical bills and funeral costs, the burden can feel impossible to bear.

Nazaryan Law helps grieving families across California take legal action when a loved one dies due to someone else's negligence. Whether the wrongful death happened in a car accident, on a job site, or due to medical malpractice, our team of experienced wrongful death attorneys is ready to fight for justice. We work hard to secure compensation for medical expenses, funeral and burial costs, lost income, and other losses. We understand the California legal system and how to guide you through it. You don’t have to go through this process alone.

What Is Considered Wrongful Death Under California Law?

Under California law, a wrongful death occurs when a person dies because of another party’s wrongful act or negligent action. This is outlined in California Code of Civil Procedure § 377.60, which allows specific survivors to file a wrongful death lawsuit. The death must be caused by something that would have allowed the deceased to file a personal injury claim if they had survived.

Who Can File a Wrongful Death Claim in California?

In California, not just anyone can file a wrongful death claim. Only certain individuals who were closely related to the deceased or who were financially dependent on the person can pursue this type of claim. The law is designed to protect those who have been directly impacted by the loss.

Here are the primary parties who can file a wrongful death claim under California law:

• Spouse or Domestic Partner: The surviving spouse or registered domestic partner of the deceased is generally the first in line to file a wrongful death lawsuit. California law recognizes domestic partnerships and treats them similarly to marriages in this regard.
• Children: Biological children of the deceased can file a claim. If the deceased had no spouse or domestic partner, children are the next eligible parties. This includes both biological and legally adopted children.
• Parents: If the deceased had no spouse, domestic partner, or children, the parents of the deceased may have the right to file a wrongful death lawsuit. In certain cases, parents may be able to file a claim for the death of a child, especially if the child was a minor.
• Dependents: In some cases, individuals who were financially dependent on the deceased may be allowed to file a wrongful death claim. This typically includes people who lived with the deceased and relied on them for financial support, such as grandparents or siblings.
• The Estate of the Deceased: If none of the above-mentioned individuals are available, the personal representative of the decedent’s estate may file a wrongful death lawsuit on behalf of the estate. This is often the case when no immediate family members exist, or in cases where the deceased’s family has specifically authorized a representative to pursue the claim.

The California Code of Civil Procedure § 377.60 outlines these categories, ensuring that those who were most affected by the death can seek justice for their loss.

Common Causes of Wrongful Death in California

In California, wrongful death can occur due to a variety of tragic incidents, each of which can leave the surviving family members struggling with immense emotional and financial burdens. Nazaryan Law helps those affected by wrongful death caused by negligence or intentional harm.

Some of the most common causes of wrongful death in the state are:

Car, Truck, and Motorcycle Accidents:

Accidents involving motor vehicles, including cars, trucks, and motorcycles, are among the leading causes of wrongful death in California. Whether caused by distracted driving, speeding, or poor road conditions, these accidents can result in catastrophic injuries, including traumatic brain injuries, spinal cord injuries, and even death. Reckless drivers who cause accidents can be held accountable for their actions under California law.

Pedestrian and Bicycle Collisions:

Pedestrian accidents and bicycle collisions often occur when drivers fail to yield the right-of-way or are distracted by their phones, contributing to fatal accidents. These types of incidents can result in significant injuries or death for those walking or riding, particularly because pedestrians and cyclists are not protected by the structure of a vehicle. Bicycle accident attorneys help families seek justice in these types of cases.

Workplace or Construction Accidents:

Accidents at work, especially in construction environments, can result in tragic deaths. Workers in high-risk environments, such as construction sites, face hazards like falling debris, equipment failure, and heavy machinery accidents. If safety protocols are not followed, it can lead to wrongful death claims. In these cases, workplace injury lawyers can hold employers or contractors accountable for negligence.

Medical Malpractice or Surgical Errors:

Medical malpractice is another common cause of wrongful death. When a doctor, hospital, or medical professional makes an error that leads to death, surviving family members may be able to file a wrongful death lawsuit. This can include mistakes in diagnosis, treatment, surgical procedures, or medication errors. Medical malpractice attorneys work to ensure victims' families receive the compensation they deserve.

Criminal Acts or Assaults:

In cases where someone’s life is taken due to an assault, homicide, or other criminal acts, the family of the victim can pursue a wrongful death claim. These cases may arise from violent crimes, including gun violence, domestic violence, or other criminal activity. A California wrongful death attorney can help families hold those responsible for the act accountable in civil court.

Each of these cases requires careful investigation and legal expertise to ensure that justice is served. Nazaryan Law specializes in wrongful death lawsuits and is committed to helping families through the difficult process of seeking compensation for their loss.

Wrongful Death vs. Survival Action – What’s the Difference?

Wrongful Death Lawsuits Involving Car Accidents in California

In California, car accidents are one of the leading causes of wrongful death. When a person dies in a vehicle accident caused by someone else's negligence, the surviving family members may file a wrongful death lawsuit. These accidents often result from distracted driving, speeding, driving under the influence, or failure to follow traffic signals.

Personal injury attorneys specialize in these cases to help families recover medical bills, funeral expenses, and compensation for pain and suffering. In California wrongful death lawsuits, if the accident was caused by the negligence of the other driver, the family may be entitled to compensation for lost income, emotional distress, and other damages related to the tragic loss.

The legal process involves proving that the other driver's actions directly caused the death, with evidence such as police reports, witness statements, and accident reconstructions.

Workplace Wrongful Death Claims in California

Workplace accidents that lead to wrongful death are often caused by hazardous working conditions, especially in high-risk jobs like construction. If a worker dies due to employer negligence, their family may file a wrongful death claim against the responsible parties, which could include the employer, contractors, or equipment manufacturers.

California law provides strong protections for workers and their families, allowing them to pursue compensation for medical expenses, lost wages, and pain and suffering after a fatal workplace injury. In many cases, workers' compensation laws are the first avenue for financial recovery, but a wrongful death lawsuit can provide additional compensation for non-economic damages and other losses.

The family may also pursue punitive damages if the employer's actions were particularly reckless or egregious. The California Division of Occupational Safety and Health (Cal/OSHA) investigates many of these incidents and may offer further evidence in support of the claim.

Wrongful Death Caused by Medical Malpractice

Medical malpractice is another common cause of wrongful death in California. If a medical professional’s negligent actions lead to a patient’s death, the surviving family members may have grounds to file a wrongful death lawsuit. Here are some examples of wrongful death caused by medical malpractice:

• Misdiagnosis or Delayed Diagnosis: If a doctor fails to diagnose a serious condition, such as cancer or heart disease, or diagnoses it too late, leading to death, the family may be able to pursue a claim.
• Surgical Errors: Mistakes during surgery, such as performing the wrong procedure, leaving surgical instruments inside the body, or damaging vital organs, can result in fatal injuries.
• Medication Errors: Administering the wrong medication or the wrong dosage can cause serious side effects or death. If a healthcare provider’s error directly leads to the death of a patient, the surviving family members can file a wrongful death claim.
• Anesthesia Mistakes: Errors in administering anesthesia can lead to complications that may result in death. If the error occurs due to negligence, the deceased's family may have the right to pursue compensation.

Families affected by medical malpractice can seek compensation for funeral expenses, medical bills, and pain and suffering caused by the loss. Personal injury lawyers experienced in wrongful death claims will help gather medical records, expert testimony, and other evidence to prove that medical negligence was the cause of death.

Wrongful Death Involving Government Liability

In some cases, a wrongful death can be caused by the actions or negligence of government entities. This can happen if the government, a city, or any public agency is responsible for maintaining roads, traffic signals, or public spaces and fails to do so properly.

For example, if a roadway is poorly maintained or if traffic signals are malfunctioning, causing an accident, the government could be held liable. Government liability is different from private cases because there are special rules in California for suing government entities. Often, the process requires a notice of claim to be filed within a short time after the death.

This time frame can be as short as 6 months in some cases. Families affected by a wrongful death caused by a government entity may be able to recover damages for funeral costs, lost income, emotional distress, and other related losses. However, these cases can be tricky due to the special rules around suing public agencies.

Wrongful Death and Product Liability Cases

Product liability refers to situations where a product is defective or dangerous and causes harm or death. If a product is found to be unsafe or causes injury or wrongful death, the manufacturer, designer, or distributor of the product can be held responsible.

For example, if a car has a faulty airbag that deploys incorrectly and causes a fatal injury, the manufacturer may be at fault. Similarly, defective products such as household appliances, medications, or children’s toys can cause deadly accidents. Families of victims in these situations may be able to file a wrongful death claim against the companies involved in making or selling the product. Compensation can cover funeral expenses, medical bills, and other losses.

Product liability cases often involve thorough investigations to prove that the product was defective and caused the death. A wrongful death lawyer can help by gathering evidence, such as product testing reports, and expert opinions to build a strong case.

How Insurance Impacts a Wrongful Death Claim

The insurance company involved will often try to reduce the value of your legal claim. Policies related to auto accidents, workplace injuries, or medical malpractice may cover part of the damages, but insurers rarely offer a fair settlement without legal pressure.

Average Wrongful Death Settlements in California

Settlements vary, but many California wrongful death lawsuits result in verdicts or settlements that cover economic damages like lost income and funeral expenses, as well as non-economic damages for emotional loss. High-value cases can result in millions, depending on the facts and parties involved.

How Long Do You Have to File a Wrongful Death Lawsuit in California?

The statute of limitations for a wrongful death claim in California is generally two years from the date of death. In cases involving government liability, the deadline may be as short as six months, so it’s important to act quickly.

How Our California Wrongful Death Attorney Can Help

• Investigate the Cause: We gather evidence, review medical records, and work with accident reconstruction experts when needed.
• Handle All Legal Paperwork: We prepare and file the wrongful death lawsuit, making sure it meets California Code of Civil Procedure § 377.60.
• Negotiate with Insurance Companies: We deal with the insurance company to pursue the full settlement amount your family deserves.
• Represent You in Court: If needed, we will take your case to civil court and present a strong case to the jury.
• Support You Through the Process: Our team answers questions, handles updates, and offers guidance every step of the way.

FAQs

1. What damages can I recover in a wrongful death claim?

You may recover medical bills, funeral and burial expenses, lost future income, and non-economic damages for emotional loss and loss of companionship.

2. Can I file a wrongful death lawsuit if my spouse died in a car accident?

Yes. If the crash was caused by another person’s negligence, you may file a wrongful death claim for your spouse’s death.

3. What’s the difference between a wrongful death claim and a survival action?

A wrongful death lawsuit compensates the family, while a survival action allows the estate to recover for the pain and suffering the deceased experienced before passing.

4. Are wrongful death settlements taxable?

In general, wrongful death settlements for physical injuries or emotional distress are not taxable under federal law.

5. How much does it cost to hire a wrongful death lawyer?

Most wrongful death attorneys work on a contingency fee basis, meaning you pay nothing upfront. They only get paid if you win or settle your case.

Contact Our California Wrongful Death Attorney for a Free Consultation

If you have lost a loved one due to another person’s negligent action, you have the right to seek justice. At Nazaryan Law, our experienced California wrongful death lawyers are here to help. We will investigate your case, manage all the legal process steps, and fight to recover the compensation your family needs to move forward.

Whether the death resulted from a motor vehicle accident, medical malpractice, or a workplace accident, we are ready to help. You won’t pay any legal fees unless we win your case. Contact us today for a free case evaluation. Let us help you protect your rights and honor your loved one’s memory with the legal support you deserve.