How to Prove a Wrongful Death Case
Proving a wrongful death case in California involves establishing specific elements that demonstrate liability. First, you must show that the defendant owed a duty of care to the deceased. For example, in a case involving a car accident, the defendant driver owes a duty of care to others on the road. Then, the focus shifts to demonstrating a breach of that duty.
Next, the legal team connects the breach of duty to the fatality by showing causation. This requires proving that the defendant's actions directly caused the death and were not merely incidental. To strengthen the case, our San Rafael wrongful death lawyers may use eyewitness testimony, expert analysis, or physical evidence to argue this point. Finally, the plaintiff must quantify the damages stemming from the loss, which might include funeral costs, loss of financial support, emotional suffering, and other verifiable impacts. At Kuvara Law Firm, we understand what it takes to win wrongful death cases and can put our experience to work for you.
Don’t settle for less. Fight for full compensation.
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$2,000,000 Truck Accident
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$1,850,000 Pedestrian Accident
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$1,800,000 Motorcycle Accident
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$1,750,000 Motor Vehicle Accident
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$1,495,000 Premises Liability
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$1,410,000 Premises Liability
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$1,300,000 Pedestrian Accident
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$1,000,000 Rollover Accident
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Common Causes of Wrongful Death in California
Wrongful death claims arise from various accidents and incidents that tragically cut lives short, leaving families to bear the emotional and financial burden. These situations typically occur due to another individual’s or entity’s negligence, recklessness, or intentional actions. Understanding the common causes of wrongful death can help you identify scenarios that may warrant legal action.
Here are some of the most common causes of wrongful death:
- Motor vehicle accidents. Car, truck, bicycle, pedestrian, and motorcycle accidents remain some of the leading causes of wrongful death. Unsafe driving behaviors – such as speeding, distracted driving, driving under the influence of alcohol or drugs – and reckless maneuvers often create fatal conditions on the road. Commercial truck accidents can be especially devastating due to the size and weight of the vehicles involved.
- Workplace accidents. Hazardous environments, lack of proper safety training, or malfunctioning equipment contribute heavily to workplace fatalities. Falls from heights, exposure to toxic substances, and heavy machinery accidents frequently claim lives, particularly when employers prioritize speed and cost over worker safety.
Steps to Take After a Loved One’s Wrongful Death
Losing a loved one due to negligence or recklessness is deeply painful. The emotional burden can feel insurmountable, and the natural inclination is to focus solely on grieving and processing the loss. However, it is crucial to take proactive steps to address the legal and financial implications of the situation. By acting decisively, you can protect your ability to seek justice and hold responsible parties accountable, which can bring a sense of closure and support your family during this difficult period.
If your loved one recently passed away under circumstances that warrant a wrongful death claim, you should make every effort to:
- Collect and preserve evidence. Building a strong case requires gathering and protecting any evidence related to the incident. This can include photographs of the accident or incident scene, medical records, police reports, or eyewitness accounts.
- Document the death’s impact. Wrongful death is not only about the immediate loss but also the long-term emotional and financial effects on your family. Documenting these aspects helps in clearly communicating the extent of the damages when pursuing compensation. This could include financial losses, emotional suffering, and even missed experiences that caused immeasurable harm to your family’s quality of life.
- Request a death certificate. Obtaining a certified copy of the death certificate is a necessary step for addressing both legal and insurance-related matters. This document provides official confirmation of the cause of death and is often a required piece of evidence when pursuing a case.
- Refrain from speaking to insurers without legal guidance. Insurance companies may attempt to reach out in the aftermath of a wrongful death. Their primary objective is to minimize payouts, so it’s important to avoid discussing the specifics of the incident without an attorney's guidance. Anything you say could be used to undermine your claim, so wait until you are fully prepared to advocate for your family’s interests.
- Seek legal representation quickly. Only a knowledgeable legal professional can help you fully understand your rights and the options available for pursuing a case. Our San Rafael wrongful death attorneys can help you evaluate your circumstances, gather necessary evidence, and build a strategy that aligns with your goals.
What Damages Can Be Recovered in a Wrongful Death Claim?
In a wrongful death lawsuit, survivors can recover money for the value of the support that they reasonably could have expected to receive from the deceased if he or she had lived. There are two types of damages available in a wrongful death claim: economic and non-economic damages. Both are intended to compensate survivors for their losses.
Recovery for both economic and non-economic damages is limited to a specific period of time. Survivors can recover for the shorter of either the deceased’s life expectancy at the time of the wrongful act, or the life expectancy of the plaintiff (survivor) at the time of the wrongful act. A person’s life expectancy is determined by the jury, taking into account factors such as occupation, health, and lifestyle.
Because these damages are limited to either the deceased or the survivor’s life expectancy, recovery in a wrongful death case can vary significantly based on the facts of the case. For example, a wrongful death claim involving a 34-year-old IT worker in Oakland will typically lead to a higher amount of compensatory damages than a case involving an 80-year-old retiree in Marin County.
Importantly, heirs in a wrongful death action cannot recover punitive damages in almost all cases, which are meant to punish a wrongdoer for their conduct. The only exception is if the deceased was killed in a felony homicide for which the defendant has been convicted. However, punitive damages may be available through a survival action, as described above.
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Economic Damages
First, economic damages include tangible financial losses that the survivors or heirs may have suffered. In a typical personal injury case, this may include items such as medical bills and lost wages.
In a wrongful death claim, economic damages can include:
- The loss of gifts or benefits that the heirs could have expected to receive from the deceased
- The financial support that the deceased would have contributed to the family during their lifetime
- The reasonable value of household services that the deceased would have provided and
- Funeral and burial expenses
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Non-Economic Damages
Non-economic damages are meant to compensate survivors for their intangible losses, such as the loss of the deceased’s:
- Training and guidance
- Moral support
- Affection
- Sexual relations
- Protection
- Society and companionship
Non-economic damages do not include recovery for the survivors’ pain and suffering, grief, or emotional distress that was caused by their loved one’s death. While it can be harder to prove non-economic damages, our San Rafael wrongful death attorneys can put together a demand to the insurance company for damages based on our experience and knowledge of similar cases.
We’re Here for You
If you have lost a loved one due to the wrongful conduct of another person, you may be able to file a wrongful death claim with the help of a personal injury attorney. Through this type of lawsuit, you may be able to recover financial compensation. While money won’t make you whole again, it can help you move forward with your life after a loss.
Kuvara Law Firm represents individuals throughout Northern California. Remember, we offer free case evaluations, where we will advise you about your claim, and we never charge a fee unless we recover money for you.
To schedule your free consultation with our firm, call or contact us online!