Losing a loved one due to someone else’s negligence is a devastating experience that no family should have to endure. Whether it is a fatal car accident caused by a drunk driver or a workplace tragedy stemming from unsafe conditions, the emotional and financial toll on surviving family members can feel insurmountable. 

Your compassionate Compton wrongful death attorney with Fisher & Talwar is here to help you and your family through this difficult time. Our experienced Compton personal injury lawyers are here to honor your loved one’s legacy and hold the liable party accountable to the fullest extent of the law.

Common Causes of Wrongful Death in Compton

Wrongful deaths can occur in many ways, often as the result of negligence, recklessness, or intentional harm. Understanding the common causes of these tragedies is an important step in pursuing justice for your loved one. Below are some of the most frequent causes of wrongful death cases in Compton:

  • Car accidents 
  • Medical malpractice 
  • Workplace accidents 
  • Truck accidents
  • Defective products 
  • Criminal acts 

Who Can File a Wrongful Death Claim in California?

Under California Code of Civil Procedure § 377.60, only certain parties are eligible to file a claim. These parties include:

  • The deceased person’s surviving spouse or registered domestic partner has the primary right to file a wrongful death claim.
  • Biological and adopted children of the deceased may file a claim, as well as stepchildren who were financially dependent on the deceased.
  • If the deceased person has no surviving spouse, domestic partner, or children, parents or other financially dependent relatives may have the right to file a claim.

If you are unsure of your eligibility to file, it is crucial to consult with an experienced Compton personal injury attorney to evaluate your legal options. Understanding your rights is the first step toward pursuing justice for your loved one. To learn more about whether you are eligible to file a lawsuit, contact Fisher & Talwar for answers when you need them most.

Statute of Limitations for Wrongful Death Claims

Filing a wrongful death claim in California must be done within a specific timeframe, known as the statute of limitations. Under California Code of Civil Procedure § 335.1, surviving family members generally have two years from the date of the individual’s death to file a claim. 

Failing to meet this deadline could result in losing the right to pursue compensation. While the two-year timeframe applies to most wrongful death cases, there are certain exceptions that may extend this deadline:

  • If the cause of death was not immediately apparent, the statute of limitations may begin when the cause is discovered or reasonably should have been discovered.
  • If a child is the eligible claimant, the statute of limitations may be extended until they reach the age of 18.
  • For wrongful death claims involving a government agency, such as a fatal accident caused by a government vehicle, the claim must be filed within six months under California Government Code § 911.2.

Proving Liability in Wrongful Death Cases

Establishing liability in a wrongful death case requires demonstrating that the defendant’s actions directly caused the loss of a loved one. Under California Code of Civil Procedure § 377.60, the burden of proof lies with the surviving family members or their legal representatives. Here are the critical elements required to prove liability:

Duty of Care

The first step in proving liability is showing that the defendant owed a duty of care to the deceased. For example, drivers have a legal obligation to follow traffic laws, and employers must provide safe working conditions under California Labor Code § 6400.

Breach of Duty

Next, we must demonstrate that the defendant breached their duty of care. This could involve reckless driving, failure to maintain a safe work environment, or producing a defective product in violation of California Civil Code § 1714.45.

Causation

To establish causation, we must show that the defendant’s breach of duty directly led to the wrongful death. This often requires connecting the negligent action or inaction to the fatal event, supported by evidence such as medical records or accident reconstruction reports.

Damages

The claim must document the losses suffered by the decedent’s surviving family members, including medical expenses, funeral costs, loss of financial support, and emotional distress.

Potential Damages in a Wrongful Death Case

When you lose a loved one due to someone else’s negligence, you deserve justice and the opportunity to rebuild your life. In California, wrongful death claims allow families like yours to seek compensation for the financial and emotional losses you have endured. Under California Code of Civil Procedure § 377.61, you can pursue damages that reflect the full impact of your loss, some of which could include:

Economic Damages

Economic damages cover measurable financial losses caused by your loved one’s death, including:

  • Reimbursement for the costs of medical treatment your loved one received before passing.
  • Compensation for the necessary expenses of honoring and laying your loved one to rest.
  • The income your loved one would have provided to your family, including wages, benefits, and pensions.
  • The value of household contributions, such as childcare or maintenance, that your loved one provided.

Non-Economic Damages

Non-economic damages address the personal and emotional losses you have suffered, such as:

  • The emotional support and guidance your loved one provided.
  • The deep impact of losing a close familial relationship.
  • The grief and mental anguish you are experiencing as a result of this tragedy.

Punitive Damages

In cases involving particularly egregious behavior, such as gross negligence or intentional misconduct, you may also be eligible for punitive damages as described by California Civil Code § 3294. These damages are designed to punish the responsible party and prevent similar harm to others in the future.

Contact a Compton Wrongful Death Attorney From Fisher & Talwar for Help Today

Losing a loved one is one of the most difficult experiences anyone can face, and seeking justice may feel overwhelming during such an emotional time. Your dedicated Compton wrongful death attorney with Fisher & Talwar is here to pursue the compensation you and your family deserve. 

Take the first step in the claims process when you schedule a free consultation. Contact us through our quick contact form or by phone to get started on your wrongful death action as soon as today.