How To Prove A California Wrongful Death Claim

In California, a claim of Wrongful Death is defined as:
Wrongful death is the basis for a lawsuit where one person causes the death of a family member who has lost the company and support of the deceased.
It simply means:
The death of a human being as the result of a wrongful act of another person
There are 3 elements of the claim:
- Element 1. There was a wrongful act or neglect on the part of one or more persons. A wrongful act or neglect means that someone did something wrong or failed to take proper care, which directly led to another person’s death, making them responsible for that loss.
Facts that might support this element look like:
* The defendant was operating a vehicle at a speed significantly above the posted limit in a residential area.
* The defendant failed to yield the right of way at a clearly marked intersection, resulting in a collision.
* The defendant was under the influence of alcohol at the time of the incident, impairing their ability to drive safely.
* The defendant ignored multiple warnings about unsafe conditions at the construction site where the accident occurred.
* The defendant’s failure to maintain the brakes on their vehicle directly contributed to the fatal accident. - Element 2. The wrongful act or neglect caused death. The wrongful act or neglect caused death means that someone’s careless or harmful behavior directly led to another person’s death, making them legally responsible for the loss and allowing the deceased’s family to seek compensation for their grief and expenses.
Facts that might support this element look like:
* The defendant failed to maintain safe conditions at the construction site, leading to a fatal accident.
* The driver was speeding and ran a red light, colliding with the victim’s vehicle and causing their death.
* The medical professional neglected to diagnose a critical condition, resulting in the patient’s untimely death.
* The manufacturer knowingly sold a defective product that directly caused the fatal injury to the consumer.
* The property owner ignored multiple safety violations, which ultimately led to a fatal slip and fall incident. - Element 3. The damages, consisted of pecuniary loss. Pecuniary loss in a wrongful death claim refers to the financial losses suffered by the deceased’s family, such as lost income, funeral expenses, and the value of services the deceased would have provided, all of which can be claimed as damages in court.
Facts that might support this element look like:
* The deceased was the primary breadwinner for the family, contributing over $60,000 annually to household income.
* The family incurred significant medical expenses related to the deceased’s final illness, totaling approximately $15,000.
* The loss of the deceased resulted in the family losing health insurance coverage, leading to increased out-of-pocket medical costs.
* The deceased provided essential childcare, and the family now faces additional expenses for daycare services amounting to $1,200 per month.
* The emotional distress caused by the loss has led to a decline in the family’s overall productivity, resulting in potential future earnings loss.
(See Boeken v. Philip Morris USA, Inc., 230 P. 3d 342 (Cal: Supreme Court 2010). Norgart v. Upjohn Co., 981 P. 2d 79 – Cal: Supreme Court 1999.)
If you’re in court without a lawyer and plan to assert a Claim of Wrongful Death, having a Personal Practice of Law at Courtroom5 is essential. You’ll need to make critical decisions about what to file at each phase of your case and prepare legal documents that are supported by thorough legal research and a strong analysis of the facts. Equip yourself with the tools and knowledge necessary to navigate this complex process effectively.
Prove Your CA Wrongful Death Claim
U.S. Civil Cases Only