What is a Wrongful Death Claim and How it Can Lead to a Family's Restitution

When a family member passes away due to another party’s negligence or intentional actions, it can be devastating for those left behind. While nothing can bring a loved one back, seeking compensation for damages can have a profound positive effect on a family — both financially and emotionally.

The team of attorneys at Biegel Law Firm can help you seek compensation for the loss of your loved one. We can help you pursue a wrongful death claim against the negligent party to receive the restitution.

What is the meaning of ‘wrongful death’

The purpose of a wrongful death claim is to seek financial compensation for the loss of the deceased person, including damages such as lost wages, medical expenses, funeral expenses, and emotional pain and suffering.

If you’ve experienced the loss of a loved one due to the intentional or negligent actions of another, you may be able to seek justice on their behalf. Surviving family members or a legal representative of the deceased’s estate can file a wrongful death lawsuit in civil court.

Wrongful death lawsuits have strict legal guidelines that must be met to win your case. The deceased’s survivors will not be compensated for their loss without proving these elements. This is why it’s important to work with a California wrongful death law firm that understands the legal requirements of your case.

Four legal elements of proof

Wrongful death lawsuits can be hard to prove. These cases require you to prove four legal elements — negligence, breach of duty, causation and damages.

However, meeting the burden of proof for a civil court case can be easier than criminal cases. The highest burden of proof (guilt beyond a reasonable doubt) exists in criminal court cases only. Civil court cases don’t require as high a standard of proof, making claims easier to prove.

In civil cases such as wrongful death lawsuits, the burden of proof 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.

This means the plaintiff must offer evidence that shows their claims have more than a 50 percent chance of being true. If the evidence reveals that, then the plaintiff has met their burden of proof.

Damages from the loss of a loved one include economic damages that are easy to quantify, such as:

Medical expenses
Funeral and burial costs
Bills from hospitalizations
Loss of income and future earnings potential
Investments and other financial support
Gifts or benefits the plaintiff expected to receive from the deceased, such as child support payments
Reasonable value of household services the deceased would have provided, including mowing the lawn and making repairs

Non-economic damages are not as easy to calculate because they deal with the emotional and mental loss of a loved one. Non-economic damages include:

The loss of companionship, love, moral support, care, comfort, assistance, affection, or protection
Loss of guidance and training from a loved one
Loss of enjoyment from sexual intimacy
The pain, suffering or disfigurement your loved one experienced before their death

Wrongful death statute of limitations

In California, eligible survivors have two years, starting from the time their loved one died, to file a wrongful death lawsuit. If a wrongful death claim has not been initiated within those two years, survivors of the deceased may lose their legal right to file a lawsuit.

A personal injury attorney from Biegel Law Firm can represent your interests as a surviving family member in a wrongful death claim. We will help you navigate the legal process, protect your rights, and provide valuable legal guidance and support.