Car accident victims can pursue personal injury claims and obtain monetary compensation for losses. But what happens if someone dies in a fatal accident? What are the chances of winning a wrongful death suit?
A wrongful death occurs when someone’s death is caused by another person’s negligence. California’s wrongful death law permits surviving family members or the estate to file wrongful death claims and sue for damages when a person dies as the result of someone else’s wrongful act. They can also receive compensation for things like pain and suffering, funeral costs, and lost income.
A wrongful death claim may not fully alleviate the pain of losing a loved one, but it can provide a sense of justice and financial stability for family members. In this article we discuss the chances of winning a wrongful death suit and what you need to prove your case.
The Secret for Success
According to the Judicial Council of California, in 2020-2021, plaintiffs won 58% of wrongful death cases, compared to 48% of other personal injury cases. But winning a wrongful death lawsuit may not always be simple. You must prove that someone’s intentional actions or negligence caused the victim’s death.
Proving Negligence
Negligence occurs when someone does not use reasonable care in a particular situation, resulting in someone else’s death. Most wrongful death lawsuits occur under this premise.
For a wrongful death claim to be successful, these four elements must be proven:
- Duty of care. A duty of care between the defendant (the alleged negligent party) and the person who lost their life must be shown.
- Breach of duty. Then, it must be shown that the defendant breached this duty in some way.
- Causation. After that, it must be shown that the breach of the defendant’s duty caused the victim’s injuries and/or death.
- Damages. The death resulted in damages, such as lost income, medical bills and emotional distress.
Wrongful death claims are considered civil lawsuits. The burden of proof in these types of lawsuits lies with the plaintiff (the person filing the claim). The plaintiff’s burden of proof for wrongful death cases is a preponderance of the evidence — where the plaintiff must demonstrate that the claim has more than a 50% chance of being true. If the evidence provided by the plaintiff shows the claim is more likely to be true than not true, the burden of proof has been met.
In many cases, criminal charges such as homicide, murder or manslaughter may also be included. Jail time may not be out of the question.
Wrongful Death Statute of Limitations
The statute of limitations, or filing deadline, for wrongful death claims in California is typically two years from the date of death. If a wrongful death claim is not initiated within that time frame, eligible survivors may lose their legal right to file a lawsuit. However, there are some exceptions.
Exceptions to the Statute of Limitations
Medical Malpractice
With medical malpractice, eligible survivors have three years from the date of the victim’s death or one year from the date it was discovered the death was caused by medical negligence to file a claim.
Discovery Rule
Sometimes family members may become aware of a loved one’s death after the actual date of death. In these situations, the discovery rule applies since eligible survivors could not have reasonably known that the victim died. The two-year statute of limitations begins once family members discover the victim died.
Because the statute of limitations may not always be easy to establish, working with an experienced wrongful death attorney can help ensure your lawsuit is filed within the legal timeframe.
The Importance of Evidence
The evidence in a wrongful death lawsuit must demonstrate that the defendant’s negligence or intentional actions caused the victim’s death. That will better the chances of the plaintiff winning the lawsuit.
A comprehensive investigation for a wrongful death claim may include documentation such as medical records, proof of lost income and police reports. Obtaining witness testimonies for additional details and evidence corroboration may also be necessary. An experienced wrongful death attorney can assist with gathering and analyzing all the evidence needed to build a strong case and avoid delays in the claim process.
Who Can File a Wrongful Death Suit?
Per California law, only those who had a significant relationship with the deceased can file a wrongful death claim. This includes:
- Spouse or domestic partner
- Children: The deceased’s surviving biological children, and sometimes stepchildren, are eligible to file a wrongful death claim.
- Surviving parents
- Secondary parties: Other parties who were financially dependent on the deceased may be able to file a wrongful death suit.
If there are no surviving family members, personal representatives, such as lawyers, can file a lawsuit on behalf of the deceased.
Resolving a wrongful death lawsuit can take anywhere from a few months to several years. Several factors may come into play, including the discovery process length and whether you can settle out of court.
Awarding Damages
Both economic and non-economic damages can be awarded in wrongful death settlements. Economic damages include any financial losses related to the victim’s death. This covers medical costs and funeral and burial expenses. Non-economic damages include emotional and psychological impacts suffered by living family members.
Although not as common, punitive damages are meant to punish the defendant for wrongful conduct and to deter others from committing similar acts.
Should You Settle a Wrongful Death Case?
Rather than going to trial, the defendant’s insurance company may opt to settle a wrongful death lawsuit if they are found to be legally liable. This can help avoid a potentially more costly situation for them.
Payouts are awarded to the surviving family members and are excluded from gross income and considered non-taxable by the IRS.
Wrongful death settlement amounts are calculated based on several factors. Settlements can be limited by the defendant’s insurance policy. Insurance policies have maximum payout limits and vary between companies and policy types.
Compensation is also calculated depending on the circumstances of the case. Monetary damages are added up, and this amount helps calculate non-economic damages, which are not as easily measurable. Cases involving higher amounts of damages are typically awarded more compensation, for example.
Consulting with a wrongful death attorney before accepting any settlement offers is highly advisable. Only an attorney can assure you the offer is fair and they can also provide you with legal advice on whether or not you should take a case to court.
Learn More About How Our Wrongful Death Attorneys Can Help You
- Los Angeles wrongful death lawyers
- Huntington Beach wrongful death lawyers
- Torrance wrongful death lawyers
Should You Obtain a Wrongful Death Attorney?
A wrongful death attorney can help you navigate through the sometimes-complex legal process of filing a wrongful death claim. An attorney can provide you guidance, gather evidence, negotiate with insurance companies and represent you in court.
If you have suffered a loss caused by someone else’s negligence or recklessness, you need experienced legal representation to help you get the compensation you deserve.
At El Dabe Ritter Trial Lawyers, the team’s professional, compassionate and understanding approach will ensure that you feel supported and valued throughout the legal process during such a challenging time. Call us at (213) 985-1120 for your free case evaluation.