California Wrongful Death Law – How to File & Win a Lawsuit

wrongful death lawsuitIf the death of a family member is caused by the careless or intentional acts of another person or corporation, California law entitles the personal representative of the deceased victim’s Estate or certain surviving family members to file a wrongful death lawsuit against any negligent parties. For this reason, following a death caused by an accident or violence, Trustees, Executors, or family members associated with the decedent or the deceased person’s Estate should look into the possibility of recovering on behalf of the Estate through a wrongful death claim.

Wrongful death lawsuit cases involve a combination of trust, probate and estate issues, along with a civil wrongful death lawsuit against the person or business responsible for the death. The experienced Trusts and Estates lawyers at Albertson & Davidson, LLP have a thorough knowledge of California’s wrongful death statutes from years of focus on this complex area of law. We can advise you of your legal options in such a scenario and help you recover for the loss of a loved one.

What is a Wrongful Death Lawsuit?

A wrongful death lawsuit is intended to help a family that has lost a loved one recover compensation. It is a civil lawsuit filed by heirs of the deceased or the representative of the Estate against the individual or corporation deemed responsible for the deceased’s death. A wrongful death claim is independent of any criminal prosecution of a defendant for misconduct or maliciousness leading to a person’s death. Even if a wrongdoer has been convicted of criminal charges related to your loved one’s death, you may still be entitled to file a civil wrongful death lawsuit. Civil suits seek financial compensation for losses.

The most common types of accidents that lead to wrongful death lawsuits in California are car accidents such as fatal traffic accidents caused by careless drivers or drunk drivers. Wrongful deaths also may be caused by medical malpractice by health care providers and by unsafe products with defective designs. Intentional acts of violence such as a deadly assault also are the basis for a wrongful death lawsuit. In some situations, a defendant such as a drunk driver who causes death may face both criminal charges and a civil wrongful death lawsuit.

Wrongful death cases can be extremely complex, and the financial stakes are high. It is important to seek the help of an experienced wrongful death attorney. We have offices in Los Angeles, Carlsbad, San Francisco, Irvine and Silicon Valley.