Irvine Wrongful Death Lawyer

If you have lost a loved one due to someone’s negligence, you may be entitled to compensation. When a victim’s surviving family members bring a lawsuit alleging negligent behavior led to the victim’s death, it is a wrongful death claim.

While the actions leading to a wrongful death might also support a homicide charge, the two actions are distinct. The state brings homicide actions, and the punishment for them includes potential imprisonment. Even when a fine is involved, it does not go to the survivors. Plus, in a criminal charge, the burden of proof is beyond a reasonable doubt. Surviving loved ones cannot put the wrongdoer in prison with a claim, but they can seek financial damages. Because wrongful death claims are civil actions, the burden of proof is the preponderance of the evidence. An Irvine wrongful death lawyer can help you explore whether this type of personal injury claim is right for you.

Wrongful Death Claims and Survival Actions

Survivors can bring two different types of lawsuits after the death of a loved one. A wrongful death lawsuit seeks compensation for the survivors. The basis of the complaint is that the loss of a loved one led to specific damages for the survivors.

A survival action is on behalf of the deceased. It is essentially the personal injury lawsuit the deceased could bring if they were alive to bring it. It seeks compensation for the deceased’s pain, suffering, and other losses. The survivors do not bring a survival action—the claim gets its name because it survives the death of the deceased. The deceased’s estate can bring a survival action, and the damages go to the estate. The deceased’s will—or intestacy statutes if the deceased does not have a will—determines who gets the proceeds of a survival action.

Wrongful Death Actions

Survivors bring wrongful death actions on their behalf, but not all surviving family members or loved ones have the same right to bring the suit. Generally, a victim’s spouse or children have the right to bring a wrongful death suit. If the victim had no spouse or children, the parents can bring the suit. California also allows putative spouses and unadopted—step or foster—children to bring these suits. It even allows non-family members to take action if they can demonstrate that they were financially dependent on the deceased.

To prove a wrongful death claim, the survivors must establish several elements. The first element is a duty of care. The duty can be of reasonable care, which is a broad duty that people may have without any personal relationship.

Next, the wrongdoer must breach the duty of care. A breach can be any act or omission that violates the standard of care. The breach has to be the cause of the victim’s injury. In other words, the survivors must prove the accident would not have occurred but for the wrongdoer’s misconduct. However, if a victim’s preexisting conditions contributed to the death, it does not remove the causation element.

Finally, the survivors have to prove damages. It is not enough to prove that the wrongdoer caused the victim’s death. The survivors must prove that the victim’s death damages them. To do so, it helps to show how the person contributed to the survivor’s life. In addition to medical bills, lost wages, funeral expenses, and other financial damages, the survivors can allege loss of consortium, mental anguish, and other intangible damages.

Talk to an Irvine Wrongful Death Attorney

Losing a loved one is always devastating. Losing them because of someone else’s wrongdoing adds a feeling of injustice to the loss. You deserve justice. So does your loved one. You also deserve compensation for your loss. Unexpected deaths often come with unanticipated financial losses that can derail a family’s entire financial future. The emotional losses can be even more devastating. While money cannot make up for your loss, it can help you afford the treatment and life changes you may need after death.

To learn more about potential wrongful death and survival actions, talk to an Irvine wrongful death lawyer. Schedule a consultation to learn more.