The loss of a loved one is one of the most difficult experiences that anyone can face. When that loss isthe result of someone else’s negligence or wrongful actions, it can be even more devastating. AtAccident Queen, we understand the painand grief that comes with the death of a loved one, and we are here to help you through this difficult time. If you have lost a loved one due to the negligence or wrongdoing of another person, you may be entitledto compensation for your damages under California law. Wrongful death claims can be brought in avariety of situations, including:

Car accidents

Medical malpractice

Defective products

Workplace accidents

Criminal acts

Understanding Wrongful Death Lawsuits:

A wrongful death lawsuit is a legal action taken when someone’s death is caused by the negligence, wrongful act, or misconduct of another person or entity. These lawsuits aim to hold the responsible party accountable for their actions and seek compensation for the damages suffered by the surviving family members. Elements of a Wrongful Death Claim :To pursue a wrongful death claim, certain elements typically need to be established:

Duty of Care: It must be demonstrated that the responsible party owed a duty of care to the deceasedperson. For example, a driver has a duty to operate a vehicle safely.

Breach of Duty: It must be shown that the responsible party breached their duty of care through negligence, recklessness, or intentional misconduct. This breach could be actions such as distracted driving or medical malpractice. 

Causation: There needs to be a direct link between the responsible party’s breach of duty and the death of your loved one. This means demonstrating that their actions or negligence directly caused the fatal incident. 

Damages: It must be proven that you, as the surviving family member, have suffered damages as a result of your loved one’s death. These damages can include financial losses, emotional distress, loss of companionship, and more.

In California, the types of damages that can be awarded in a wrongful death lawsuit depend on thecircumstances of the case. The following are some common types of damages that may be awarded:

Economic Damages: Economic damages refer to the financial losses suffered by the deceased person’sfamily as a result of their death. These damages may include medical expenses, funeral and burial costs,lost income, and future earnings that the deceased person would have earned if they had not died.

Non-Economic Damages: Non-economic damages refer to the emotional and psychological losses suffered by the deceased person’s family as a result of their death. These damages may include loss ofcompanionship, loss of love and affection, and loss of emotional support.

Punitive Damages: In some cases, punitive damages may be awarded in addition to economic and non-economic damages. Punitive damages are meant to punish the responsible party for their actions and to deter similar behavior in the future.

It’s important to note that each case is unique and the damages awarded will depend on the specific circumstances of the case. A skilled wrongful death attorney can help families determine what damages they may be entitled to and can help them navigate the legal process of pursuing a wrongful death claim. Our experienced wrongful death attorneys at Accident Queen are here to guide you through the legal process and help you obtain the justice and compensation you deserve. We will investigate the accidentor incident that led to your loved one’s death, gather evidence, and build a strong case on your behalf. There have been many significant case laws in California that have established legal precedents forwrongful death lawsuits. Here are a few examples:

Bird v. Saenz (2002): In this case, the California Supreme Court clarified that only certain family membersof the deceased person have standing to sue for wrongful death. Specifically, the spouse, children, andparents of the deceased person have standing, while siblings and other relatives do not.

Elden v. Sheldon(1988): This case established that a wrongful death claim can be brought against a defendant even if the deceased person was partly at fault for their own death. This is known ascomparative negligence, and it allows the plaintiff to recover damages even if they were partially responsible for the accident.

Avila v. Citrus Community College District (2006): In this case, the California Supreme Court held that a wrongful death claim can include damages for loss of financial support, as well as loss of love,companionship, comfort, care, assistance, protection, affection, and society. 

Rodriguez v. Bethlehem Steel Corp. (1974): This case established that the damages awarded in awrongful death lawsuit are intended to compensate the survivors for their own losses, rather than the losses of the deceased person. 

Ochoa v. Superior Court (1985): In this case, the California Supreme Court held that a wrongful deathlawsuit must be filed within two years of the date of the deceased person’s death. This is known as thestatute of limitations, and it sets a time limit on when a lawsuit can be filed.How to Cope with GriefLosing a loved one is an incredibly difficult and deeply personal experience. Coping with grief is a uniquejourney for each individual, and it’s important to remember that there is no right or wrong way to grieve.However, here are some general suggestions that may help in coping with the loss:

1. Allow Yourself to Grieve: Give yourself permission to experience and express your emotions. It’snatural to feel sadness, anger, guilt, or a range of other emotions. Allow yourself to mourn and grieve inyour own way and at your own pace.

2. Seek Support: Reach out to friends, family members, or support groups who can provide a listeningear and understandingduring this challenging time. Sharing your thoughts and feelings with others who have experienced loss can provide comfort and validation.

3. Take Care of Yourself: Grief can be physically and emotionally exhausting, so prioritize self-care. Getenough rest, eat nourishing meals, engage in gentle exercise, and try to maintain a routine. Taking careof your physical well-being can support your emotional well-being.

4. Seek Professional Help: If you find that your grief is overwhelming or interfering with your dailyfunctioning, consider seeking support from a mental health professional. They can provide guidance,tools, and techniques to help you navigate the grieving process.

5. Allow Time for Healing: Healing takes time, and there is no set timeline for grief. Be patient andcompassionate with yourself as you move through the grieving process. Understand that healing is agradual journey, and there may be ups and downs along the way.

6. Remember Your Loved One: Find meaningful ways to honor and remember yourloved one. This couldinvolve creating a memory box, writing in a journal, planting a tree, or participating in activities or ritualsthat hold significance for you.We understand that no amount of money can bring back your loved one or ease the pain ofyour loss.However, a wrongful death claim can help you obtain financial compensation for your losses, hold theresponsible party accountable, and provide some measure of closure.If you have lost a loved one due to someone else’s negligence or wrong doing, contact us today to schedule a free consultation with one of our compassionate and experienced wrongful death attorneys.We are here to help you through this difficult time and fight for your rights under California law.