Understanding Wrongful Death Lawsuits: What Families Need to Know

Understanding Wrongful Death Lawsuits

Whether you’re dealing with a serious automobile accident or a wrongful death, you need an attorney who understands the law and will fight for your rights. At the Law Offices of Jacob Emrani, we’ll handle your wrongful death lawsuit in a professional manner that gets results. Read on to learn what you and your family need to know about this specific type of lawsuit. 

What Is Wrongful Death?

The term wrongful death refers to the death of a person as a result of the “wrongful” actions of another person. The acts that cause death in these types of cases could include things like negligence or misconduct. The actual causes of a wrongful death vary, and the plaintiff must be able to prove that the defendant caused the other person’s death in a court of law to win their case. 

What Is a Wrongful Death Lawsuit?

A wrongful death lawsuit is a civil suit that’s independent of any criminal charges pending against the alleged person or party who caused the death. These cases may be filed before or after the person is convicted of a crime associated with the death. In most cases, the person or people filing the wrongful death lawsuit seek monetary damages and/or some form of financial compensation, but noneconomic damages may also be recovered. 

The party bringing the suit must prove someone else’s negligence caused the death, or that they committed intentionally wrongful actions. Those who file the suit must also prove they suffered harm because of the death and that they’re eligible to recover damages. Economic losses that might be recovered include burial and funeral costs, medical bills, loss of financial support, loss of inheritance, and others. 

Common Causes of Wrongful Death Claims

Here are some common causes of wrongful death claims:

  • Car accidents: Car accidents that involve speeding, distracted driving, and driving under the influence resulting in death may justify a wrongful death claim. This also applies to bicycle and motorcycle accidents.
  • Workplace deaths: Wrongful deaths in the workplace caused by explosions, falls, burns, or exposure to toxic chemicals and other dangerous substances are common causes of these types of claims.
  • Medical malpractice: If a doctor or other medical professional makes a mistake that leads to a patient’s death, a wrongful death lawsuit may be filed.
  • Defective products: Any product with design or manufacturing defects resulting in death could cause someone to sue the manufacturer for wrongful death.
  • Premises liability: If someone dies because a property owner did not maintain their property to prevent or minimize the risk of accidents, they could be liable in a wrongful death lawsuit.
  • Deadly exposure: Deaths due to the exposure of carbon monoxide and other toxic substances can lead to a wrongful death claim. 
  • Boating and aviation accidents: If someone dies in a boating, helicopter, or airplane accident resulting from the operator’s negligence, the captain or pilot may face a wrongful death lawsuit. 

What Do You Need To Prove To Win a Wrongful Death Lawsuit?

To win a wrongful death lawsuit, you’ll need to prove that the defendant was negligent or breached their duty of care and that the death caused damages to yourself and/or your family. It’s important to note that you may only file one wrongful death claim in California. Hiring an experienced attorney to handle your case is highly recommended since you must provide strong evidence to support your claim. 

  • First, you must prove that the defendant was careless or breached their duty of care toward the deceased.
  • You must also prove that you or your family have suffered noneconomic and/or economic damages from the death. 
  • Finally, you must prove that the defendant’s actions (or inaction) caused the death. 

Who Can File a Wrongful Death Lawsuit?

In California, certain people may file a wrongful death lawsuit, including:

  • The surviving spouse or domestic partner and their children and or/stepchildren and any adopted children
  • Any dependent minors who lived with the deceased
  • The deceased’s parents (if there is no surviving spouse or children)
  • Any heirs defined by California’s intestate succession laws
  • The deceased’s representative (i.e., an administrator, executor, or another person in charge of the decedent’s property)

Who Can Be Sued for Wrongful Death?

An individual, a corporation, or an entity can be sued for wrongful death. For example, drivers or pilots, bartenders, and medical professionals like surgeons or doctors are examples of individuals who can be sued. Property owners, government agencies, and corporations are entities that can be sued for wrongful death. Employees, including government employees and various medical professionals, may also be named in a wrongful death lawsuit. 

Steps in Filing a Wrongful Death Lawsuit

If you plan to file a wrongful death lawsuit, here are the steps involved:

  • Consult an experienced wrongful death attorney to assess your case, explain your rights, and advise you on the best course of action.
  • Collect evidence related to the death, including medical records, accident reports, photos or videos, witness statements, the autopsy report, and more to help build your case.
  • Keep records of all bills you’ve received related to the death, including medical, funeral, and burial bills, to serve as evidence of financial loss.
  • Once you’ve hired an attorney and gathered the evidence, a thorough investigation is conducted.
  • The defendant may want to settle the case out of court, so be prepared to discuss a possible negotiation with your lawyer.
  • If you want to file a lawsuit, you’ll need to file a petition and summons before a trial date is provided.
  • Gather a list of people who can provide expert testimony in court to establish liability or causation. 

Get Your Free Consultation With Our Wrongful Death Attorneys

Dealing with the death of a loved one is never easy, but the wrongful death attorneys at the Law Office of Jacob Emrani are here to help. Our team will help you obtain maximum compensation for your loss. Call (888) 952-2952 or contact us online to set up your no-cost case evaluation!

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Our Main Location

Los Angeles

serving southern california

Address

714 W. Olympic Blvd.
Suite 300
Los Angeles, CA 90015

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