Losing a loved one due to the negligence, malicious acts, or carelessness of another party can be extremely painful and emotionally scarring. The family members left behind can also be left dealing with financial hardships that can affect their lives for a long time, especially if the deceased was the primary supporter. While there is nothing that can bring back the dead loved one, making a wrongful death claim with a Riverside wrongful death lawyer can help get the justice and financial support the surviving members require. The party responsible, whether the act was intentional or not, needs to be held accountable. Unfortunately, the State of California has complex laws as to what makes a wrongful death claim. These types of cases call for an experienced lawyer, with proper comprehension of the relevant statutes. Not to fret though, a highly skilled Riverside wrongful death lawyer at Crockett Law Group is ready to provide the assistance you need. Our firm is committed to protecting the rights of people dealing with wrongful death cases and ensure they get maximum compensation. Get in touch with our personal injury lawyers by calling (800) 900-9393 and you will get a free, no-obligation consultation! 
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How Is Wrongful Death Defined in California?
Under State Law, wrongful death in California is defined as death caused by the wrongful acts of another party. This is usually based on the following:- Medical malpractice
- Intentional acts like assault.
- Negligence, like workplace accidents, auto accidents, and the like.
- The individual lost their life
- The death was a result of criminal acts or negligence from another party.
- The surviving members suffered or are suffering damages following the death of a loved one.
Who Is Eligible to File a Wrongful Death Claim in the State of California?
Under California’s wrongful death statute, only the following parties are eligible to file a wrongful death claim:- Children of the deceased
- The spouse or domestic partner of the deceased
- Grandchildren of the deceased born by a dead child of the deceased.
- Parents or the legal guardians of the deceased.
- The decedent’s stepchildren
- Children of the deceased’s putative spouse.
What Types of Damages Are Recoverable in California?
The purpose of a wrongful death claim is to compensate the surviving members for monetary losses and other damages as a result of the death of a loved one. Generally, the surviving members can seek to recover the following types of damages:Economic Damages
These damages are meant to cover any monetary losses experienced by the family members due to the loss of a loved one. Examples include funeral costs, medical bills, the value of goods and services no longer rendered by the deceased, and much more. Economic damages are objective in nature, and thus the easiest to determine.Non-Economic Damages
These are compensatory damages awarded for non-monetary damages such as loss of care, mental anguish, loss of consortium, loss of guidance or protection, pain and suffering, loss of companionship, etc. These types of damages are subjective in nature, and this makes it harder to assign a value. Although no amount of compensation can replace the loved one, fair and full monetary compensation can help make your lives better and help you cope better in the absence of the deceased.
Can the Surviving Members File for Punitive Damages?
In California, surviving members, unfortunately, can’t recover punitive damages by making a wrongful death claim. However, there’s an exception for cases where the victim was killed in a felony crime and the party responsible was convicted of the crime. Punitive damages are extremely rare and are usually recoverable in survival action claims. These are often brought by the estate of the deceased individual to recover damages the deceased would have received if they survived. This implies for a survival claim to be made, the deceased individual needs to have been alive for a particular period before the accident or incident ultimately led to their death.How Is Negligence Proved in a Wrongful Death Claim in Riverside California?
In order to prove negligence in a wrongful death claim, the surviving members or their lawyer has to prove the following aspects of negligence:Duty of Care
You need to prove to the jury or judge that the defendant owed your loved one duty of care in the situation that led to their death.Breach of Duty of Care
Second, you should be able to show that the defendant violated or breached the duty of care. This means they acted or failed to act in a manner that is expected if a reasonable person was in their shoes.Causation
Next, you need to show that the death of your loved one was a direct result of the defendant’s actions and not other reasons.Damages
Lastly, you need to show that the surviving family members suffered damages as a direct result of the death of their loved one. Examples of damages include funeral expenses and loss of companionship.How to Start a Wrongful Death Claim in Riverside, California
If you’re looking to file a wrongful death claim in Riverside, there are some important steps to take:- Consult a Riverside wrongful death lawyer to determine if you have a valid claim.
- Show the lawyer proof of death of the loved one, including a death certificate.
- Show that the deceased could have made a personal injury claim if they survived.
