In California, a wrongful death claim can arise when someone’s death is caused by the negligence, recklessness, or intentional actions of another person or entity. To determine if you have a viable wrongful death case, consider the following key elements:

1. Eligible Parties Who Can File a Claim

In California, only certain individuals have the legal right to file a wrongful death lawsuit. These include:
– Immediate family members, such as spouses, domestic partners, and children.
– Financial dependents, including stepchildren, putative spouses (those who believed they were legally married), or minors who lived with the deceased for at least 180 days and were financially dependent on them.
If none of these parties exist, other relatives, like parents or siblings, may be able to file.

2. Proving Negligence or Wrongdoing

For a wrongful death case to be successful, you must demonstrate that the defendant’s negligent or intentional actions directly caused the death. This can be shown through:
– Negligence: The defendant failed to act with reasonable care, which led to the fatal accident (e.g., a car accident caused by a distracted driver).
– Intentional harm: The death was a result of intentional acts, such as an assault or other criminal actions.
– Recklessness: The defendant acted with blatant disregard for safety, like driving under the influence of drugs or alcohol.

3. Evidence of Damages

To build a wrongful death case, it’s important to quantify the impact of the death on surviving family members. Types of damages can include:
– Economic damages: Loss of financial support, medical expenses, and funeral costs.
– Non-economic damages: Loss of companionship, emotional support, and guidance.
The greater the financial and emotional loss, the more compelling the case may be for substantial compensation.

4. Statute of Limitations

In California, wrongful death claims must generally be filed within **two years** of the date of death. Missing this deadline can result in losing the right to pursue legal action, so it’s important to act quickly.

5. Common Causes of Wrongful Death

Some of the most common situations leading to wrongful death claims include:
– Car, truck, or motorcycle accidents
– Medical malpractice
– Workplace accidents
– Defective products
– Criminal actions such as assault or homicide

If you believe your loved one’s death was caused by someone else’s negligence, it’s crucial to act quickly and seek legal advice. Call Torres Law Group at 800-601-3385. With over 20 years of legal expertise in personal injury law and a proven track record in the San Francisco Bay Area, we are experienced in handling wrongful death cases. Our compassionate team is ready to guide you through the legal process and fight for the justice and compensation your family deserves. Don’t wait—reach out today for a free consultation.