How Do You Prove Wrongful Death in California?

If you have lost a loved one due to the wrongdoing of another, you may be able to seek justice and compensation through a wrongful death lawsuit.

Wrongful death lawsuits allow the deceased’s family members to recover certain damages for their losses. While no amount of money can ever replace your loved one, compensation can help you and your family get on firmer financial footing as you move forward. 

If you have lost a loved one due to the intentional, reckless, or negligent behavior of another, Wells Call Injury Lawyers can help you hold them accountable. Our wrongful death attorneys have years of experience helping our clients build strong wrongful death claims. 

This post will discuss some basic things to know about wrongful death suits in California, including how to prove wrongful death. If you have any questions, please contact us today. 

Who Can Bring a Wrongful Death Lawsuit? 

In California, state law allows certain relatives of a deceased person to seek financial compensation for losses they incurred due to the death of their loved one.

Under California’s Code of Civil Procedure Section 377.60, the people who are allowed to bring a wrongful death lawsuit include: 

• The deceased’s surviving spouse,
• The deceased’s surviving domestic partner,
• Any of the deceased’s surviving children,
• Issue of the deceased’s surviving children, 
• The parents of the deceased, and 
• The legal guardians of the deceased. 

If you are unsure whether you qualify to bring a wrongful death lawsuit, our attorneys can help you understand your legal rights and options. 

How Do You Prove Wrongful Death?

Proving a wrongful death case can be complex. When the death was caused by someone else’s negligence, state law requires that you establish four elements to prove wrongful death.

Proving a wrongful death claim requires that the plaintiff show the following: 

• The person who was responsible for the decedent’s death owed the decedent a duty of care;
• The person responsible breached the duty of care they owed the decedent; 
• The breach of duty actually and proximately caused the death of the decedent; and 
• The decedent’s death caused the family to suffer financial or emotional harm.

If you can prove these four elements, you might be able to recover damages for wrongful death in California. 

Damages in a Wrongful Death Suit 

If you were wondering how to prove a wrongful death claim, then you may also be wondering what types of damages you can recover in a wrongful death lawsuit.

There are two types of damages that the decedent’s family can recover: economic and non-economic damages. Some examples of these damages include: 

• Burial and funeral costs related to the decedent’s death;
• The reasonable value of the financial support the decedent would have provided the family; and
• The value of lost companionship, love, and care the decedent would have provided the family. 

These are just a few of the different types of recoverable damages in a wrongful death action in California. A wrongful death attorney at Wells Call Injury Lawyers can help you identify and calculate all of your damages. 

How Can Wells Call Injury Lawyers Help? 

At Wells Call Injury Lawyers, we have recovered hundreds of millions of dollars on behalf of our clients.

Our California personal injury attorneys have decades of combined experience helping families hold the party responsible for their loved one’s death accountable, and we can help you do the same.

Contact us online or by phone today to schedule a free consultation.