What is a Wrongful Death Action?
Typically, a victim’s spouse or children can file a wrongful death claim. Not everyone leaves a surviving spouse or kids—in that case, the parents and then the siblings can bring a claim. California has an expansive view of family, allowing unadopted stepchildren and foster children to file these claims, as well. In fact, California does something most states do not do—it allows non-family members to bring wrongful death claims if they can demonstrate that they were financially dependent on the deceased.
Establishing a wrongful death claim requires proving the four components of negligence. The first element is the duty of care. The wrongdoer must have owed a duty to the victim. A duty of care can be specific, like the duty a healthcare worker has to a patient. It can also be a general duty, like the duty that drivers owe to all other drivers.
After establishing the existence of a duty, the survivors must prove the wrongdoer breached that duty. A breach means the wrongdoer failed to meet the standard of care, either through an act or an omission. Proving a breach is not enough—the breach has to be the cause of the deceased’s death. It does not, however, have to be the sole cause. Preexisting conditions or the victim’s own negligence can contribute to the accident, as well, and not prevent the survivors from recovering since California is a contributory negligence state.
The final step is proving damages. What losses have the survivors experienced, and what is the combined monetary value of those damages? This can be tricky since many of the damages, such as loss of consortium, are intangible—they do not have a direct monetary value. Some examples of damages available in wrongful death suits include lost wages, funeral expenses, mental anguish, and medical bills. Our Bakersfield lawyers could calculate the monetary value of losses after a wrongful death.
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