Wrongful death claims arise when someone loses their life due to another party’s negligent or intentional actions. Pursuing a wrongful death claim can give your family an opportunity to recover compensation for the financial and emotional impact of your loss and ensure those responsible for your loved one’s death are held accountable to the fullest extent of the law. 

Your dedicated Garden Grove personal injury lawyer with Fisher & Talwar will do everything in our power to get justice for your cherished family member. Connect with a leading Garden Grove wrongful death attorney at our firm today to find out what is next for your case.

California Wrongful Death Laws

Wrongful death is defined under California Code of Civil Procedure Section 377.60 as a death caused by the wrongful act or neglect of another person or entity. This may include acts of negligence, recklessness, or intentional harm. 

Who Can File a Wrongful Death Claim in California?

In California, only certain individuals are legally permitted to file a wrongful death claim. Typically, this includes the deceased person’s surviving spouse, domestic partner, or children. If no such parties exist, others who were financially dependent on the decedent, such as parents or siblings, may also be eligible to file per the official statute.

Common Causes of Wrongful Death in Garden Grove

Motor Vehicle Accidents

Motor vehicle accidents, including car, truck, and motorcycle collisions, are among the leading causes of wrongful death claims. Negligence such as distracted driving, speeding, or driving under the influence can lead to catastrophic car accidents. For instance, a distracted driver on Garden Grove’s busy roadways may fail to notice a red light, causing a fatal collision that impacts entire families.

Workplace Accidents

Fatal workplace incidents, particularly in industries like construction and manufacturing, often result from unsafe working conditions. These accidents may include falls from heights, exposure to hazardous materials, or equipment malfunctions. A workplace that fails to provide adequate training or safety measures risks endangering its employees, and leaves your employer open to liability.

Defective Products

Defective products, from faulty machinery to unsafe pharmaceuticals, can cause fatal injuries when manufacturers fail to ensure product safety. Examples include improperly tested appliances leading to house fires or defective airbags failing to deploy in vehicle accidents. Such cases often fall under product liability claims, requiring a thorough investigation to hold negligent parties accountable.

Medical Malpractice

Medical malpractice occurs when healthcare providers fail to meet the standard of care, resulting in a patient’s death. This can include misdiagnoses, surgical errors, or incorrect medication dosages. For example, a missed diagnosis of a life-threatening condition like cancer may delay treatment and lead to fatal outcomes that could have been avoided with proper care.

Proving Negligence in a Wrongful Death Case

Establishing negligence is critical in a wrongful death claim. To hold another party accountable, you must demonstrate that their actions or inactions directly contributed to the fatality. This involves proving several key elements, including duty of care, breach of duty, causation, and damages.

Duty of Care

A duty of care refers to the legal obligation to act in a manner that prevents harm to others. In wrongful death cases, this obligation varies depending on the relationship between the parties. For instance, drivers have a duty to operate vehicles safely, while medical professionals are expected to follow established healthcare standards.

Proving a duty of care often requires evidence of the specific relationship and legal responsibility involved. For example, a property owner must maintain safe conditions to prevent hazards, and a manufacturer has a duty to produce safe, functional products. Without establishing a duty of care, your negligence claim cannot move forward.

Breach of Duty

A breach of duty occurs when an individual or entity fails to meet their legal obligations. This failure can take many forms, such as reckless driving, failing to warn about dangerous property conditions, or neglecting patient care in a medical setting.

Examples of breaches include a driver texting while driving or a landlord ignoring reports of faulty wiring that leads to a fatal fire. In wrongful death cases, demonstrating how the defendant’s actions deviated from the standard of care is crucial. Documenting evidence such as eyewitness accounts, records, or expert testimony can strengthen your argument.

Causation and Damages

Causation links the defendant’s breach of duty directly to the wrongful death. To prove this element, you must show that the breach was the proximate cause of the fatality. For example, if a distracted driver ran a red light, causing a fatal crash, their negligence would be the direct cause of the accident.

Damages refer to the losses suffered by the surviving family members due to the wrongful death. These may include economic damages like medical expenses and lost income, as well as non-economic damages like loss of companionship and emotional suffering. 

Statute of Limitations for Wrongful Death Claims in California

In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased’s death, as outlined in California Code of Civil Procedure § 335.1. This means that if you miss this two-year deadline, you may lose your right to pursue compensation for your losses. Acting quickly is critical to preserving your legal options and gathering time-sensitive evidence for your case.

There are exceptions to this rule that may extend or shorten the deadline. For instance, if the wrongful death claim involves a government entity, you must file a notice of claim within six months, per California Government Code § 911.2. Getting a reputable Garden Grove wrongful death attorney on your side can ensure all deadlines are met.

Meet With a Highly Experienced Wrongful Death Attorney in Garden Grove for Help Today

Wrongful death insurance claims and civil lawsuits can be overwhelming during a time when your family should be able to grieve in peace. Fortunately, your committed wrongful death lawyer from Fisher & Talwar will handle the legal details so you can mourn your loss. 

When you are ready to take legal action against those responsible but are unsure of how to get started, fill out our secured contact form or call our office to schedule your free, no-obligation consultation as soon as today.