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The California Wrongful Death Lawsuit: How to Bring and Win It


In California, the wrongful death lawsuit allows surviving family members or the deceased estate to sue for damages if someone dies due to the negligence of the other person, any kind of recklessness, or malicious intent. 

Wrongful death suits are often coupled with the survival that causes the action under California Civil Code section 377.30. 

All these survival causes of action are brought on behalf of the decedent’s estate to compensate damages for the losses of the decent’s life. To deal with such situations and for a better understanding of further legal procedures, you may need the help of a personal injury attorney in Newport Beach


What Are the Requirements for a Wrongful Death Claim in California?

A wrongful death lawsuit can be brought by the surviving relatives of someone who died because of the legal fault of the other person through help from a personal injury lawyer in Irvine. It is also commonly referred to as a wrongful death claim. If somebody else was responsible for the deceased person’s death, you might be able to bring the wrongful death action. 

In such cases, the defendant’s liability is expressed solely in financial compensation. Damages are ordered by the court of law and paid to the plaintiffs after winning the lawsuit. 

The main goal of this case is to ensure that the person responsible pays the deceased’s family. This case differs from the criminal trial because no such punishment is involved. Instead, the court awards the monetary damages to the deceased’s family based on how much the defendant must pay them. Consider taking the help of a personal injury lawyer in Costa Mesa to get better compensation and not get entangled in the legal procedure yourself.  


Factors that influence the wrongful death settlement in California

Wrongful death lawsuits in California may be worth millions if you win. The amount may go even higher, depending upon the circumstances. To get the appropriate settlement, you can think of taking help from a personal injury attorney in Irvine. As per the precedent, in the wrongful death of a person, a jury can help to get up to 3 million dollars. 

Age, number of dependents, and financial support are the three major factors affecting the case’s value. The older the victim, the more severity of the case, and the amount of money the victim receives in support will affect the case’s value. A higher income means a higher value. Accident circumstances may also play a role in determining the case’s value, as does the type of injury sustained. Reach out to a truck accident attorney in Newport beach who can help you achieve a substantial settlement. 


Elements Needed to Prove a Wrongful Death Claim

Each wrongful death case has three major factors that must be proven for the plaintiff’s lawsuit to be successful. 

The elements are: 

  • Death of the individual 
  • Death was the consequence of negligent or intentional harm
  • The victim’s family suffers financial hardship as a result. 


California Wrongful Death Laws at a Glance 

Only domestic partners, spouses, and children can file a suit for wrongful death claims. Spouses and domestic partners must prove that they were married or domestic partners. 

California law says that while someone dies without leaving any heirs, their estate goes to their next of kin. It includes spouses, domestic partners, children, and grandchildren. In that case, the estate goes to the children of the deceased. A car accident lawyer in Newport beach can help you navigate through the different complex intricacies of the case and reach a substantial settlement. 

A person married to someone else but believes they are married to the deceased may qualify as a beneficiary under the section. To be eligible, a person must prove that they believed in good faith that they have legally married the decedent. 

Regardless of age, a minor who lived with the decedent for the last 180 days before the decedent’s date of death is considered under the decedent’s estate plan. 


Limitations for Wrongful Death in California?

Wrongful death lawsuits are filed by survivors of someone killed by another person. The decedent’s spouse or the domestic partner can file a wrongful death lawsuit. A car accident lawyer in costa mesa will be able to help you reach a positive settlement in case of a conflict. Reach out to Castro & Company to seek help from our experienced attorneys. 

The deceased’s children can also file them, or the grandchild. If the decedent had no surviving relatives, then anyone who would inherit the decent’s estate can bring a wrongful death lawsuit. 


How can we help you?

A qualified personal injury lawyer in Newport Beach has a team of experts who investigate the accident to determine the cause of the crash. The attorney hires consultants to conduct the crash.  

An experienced attorney can show how valuable the victim was to the families left behind. 



Apart from the tips cited above, there are many other instances when you require a lawyer to aid and function as a negotiator or represent you in such situations. Before hiring an attorney, you must dodge fakers and scammers. You can contact Castro & Company to hire a motorcycle accident lawyer in Newport Beach whom you can trust and rely on. For details, you can contact our law offices to set up an appointment.


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