Losing a loved one due to another individual’s negligence or wrongful actions is heart-wrenching and unfair. Families of wrongful death victims feel the profound effects of their relative’s passing for life. While nothing can completely heal the ache of an unexpected death, wrongful death lawsuits can help families receive justice. By engaging a wrongful death lawyer and proving your case, you can obtain rightful compensation for your loss.
California residents who have suffered such a loss can turn to Davana Law Firm. We take the time to understand every aspect of a client’s case to ensure we can deliver a fair settlement. Furthermore, our 9+ practice specialties and fluency in 3+ languages enable our clients to receive industry-leading civil litigation. Begin your journey towards justice by calling us at (818) 501-1055 today.
Below, we discuss the components of every wrongful death case:
What is a Wrongful Death?
According to California law, a wrongful death occurs when the negligence or intention of one person (or entity) causes another person’s death. In other words, someone’s carelessness or intentional misconduct led to a fatal outcome.
Common examples of wrongful death cases include car accidents caused by drunk or distracted driving, unsafe conditions on property (slips and falls, hazardous conditions) that result in death, and workplace accidents due to employer negligence. In short, if a preventable circumstance or an omission caused someone’s death, it creates grounds for a wrongful death lawsuit.
Who Can File a Wrongful Death Lawsuit?
The following individuals can file a wrongful death lawsuit, as outlined in California’s Code of Civil Procedure:
- Surviving spouse or domestic partner
- Children of the deceased
- Grandchildren of the deceased
- Stepchildren of the deceased
- Parents of the deceased
- Putative spouses
Other potential plaintiffs include siblings or relatives who would inherit an estate under California’s intestate succession laws. The exact eligibility depends on the case’s circumstances, which makes consulting an attorney essential to determining who can file a claim.
What Evidence is Required? 
To build a strong case, your California wrongful death attorney must gather substantial evidence to prove four essential elements: duty of care, breach of duty, causation, and damages.
- Proof of the Defendant’s Duty of Care: Lawyers must establish the legal relationship between the deceased and the defendant (e.g., employer-employee, driver-pedestrian). They must then demonstrate the standard of care expected from the defendant based on their profession or role.
- Proof of Breach of Duty: Your attorney will gather evidence of negligence, recklessness, or intentional misconduct, and clearly show how the defendant failed to meet the standard of care. Expert testimony may be necessary to establish the breach of duty.
- Proof of Causation: A direct link between the defendant’s actions and the deceased’s injuries and death is necessary for a successful case. Providing your legal representation with medical records or accident reports can help establish causation.
- Proof of Damages: Calculate the financial losses suffered by the surviving family members, including lost wages, medical expenses, and funeral costs. Provide your lawyer with financial records, pay stubs, and other documentation that support your claims.
Review Your Case with the Best Wrongful Death Lawyers in California
If the circumstances of your loved one’s death call for a wrongful death lawyer, there is no better firm to rely on than Davana Law. With 500+ California personal injury cases under our belt, we know how to provide case-winning civil litigation. Receive a free case consultation from our attorneys today by calling (818) 501-1055.
