Wrongful Death Archives - The Beliz Law Firm

What Constitutes Wrongful Death in California

Jan 18, 2024 | By Michael Beliz | Read Time: 4 minutes

Losing someone you love is a tragedy. It’s even worse when the cause of death is negligence. If you lost someone close to you because of someone else’s actions or failure to act, then you may be able to file a wrongful death lawsuit. You can recover financial compensation if you can prove that the other party’s negligence caused the death of your loved one. Our experienced attorneys at Beliz Law Firm can explain what constitutes wrongful death in California. Contact us today and schedule a free case evaluation. What Qualifies As Wrongful Death? California law defines wrongful death as a “cause of action for the death of a person caused by the wrongful act or neglect of another.” A wrongful death lawsuit can come about as a result of various situations. You must prove that someone either committed an intentional act or acted negligently. Intentional Act An intentional act is an act committed purposefully. It is a wrongful act if it endangers others. If the intentional act causes the death of another, a wrongful death claim may be pursued. For example, suppose someone engages in a physical altercation with another person. The attacker has committed the wrongful and intentional act of battery. If the victim later dies of the injuries they sustained in the fight, then the victim’s family may be able to file a wrongful death action against the attacker. Note, if your loved one was murdered you might be able to file a wrongful death lawsuit even if the murder suspect is acquitted. Negligence Most wrongful death lawsuits arise from incidents of negligence. Negligence occurs when someone acts carelessly doing something or not doing something. A wrongful death claim may be initiated when negligence results in someone’s death. Negligence wrongful death claims can arise from the following incidents: To prove negligence, you must prove the following four elements. Duty of Care You must prove that the person you are suing had a duty of care to the deceased. Determining the duty of care is fact-intensive. Examples include: The lawyers at Beliz Law Firm will help investigate to see if the person you are suing had a duty of care to your deceased loved one. Breach of Duty Next, there must be a breach of duty to the deceased. You must prove that the party you are suing did something or failed to do something. This action or inaction caused them to breach their duty. For example, when motorists fail to stop at a red light, they breach their duty to drive safely. Or, when a doctor diagnoses a heart attack as heartburn without performing proper tests, then they breach their duty to provide an appropriate level of care. Causation To be successful in your negligence claim, it is not enough that you prove a breach of duty. You must connect the breach to the death of your loved one. Your California wrongful death attorney will help you gather the evidence necessary to hold the parties responsible for your loved one’s death accountable. Damages No amount of compensation can reverse time and bring your loved one back to life. But a wrongful death claim allows you to recover losses that resulted from your loved one’s death, including the following: Calculating damages can be complex. Let the experienced attorneys at Beliz Law Firm handle the work while you and your family recover from your tragic loss. Who Can Bring a Wrongful Death Claim? California law outlines who can bring a wrongful death claim. They include the following: The putative spouse of the decedent and any children they have may also be able to file a wrongful death claim. A minor who does not fit any of these categories may also file a wrongful death claim if they lived with the decedent for 180 days before the decedent’s death and were dependent on the decedent for at least one-half of their support. How Long Do You Have to Bring a Wrongful Death Claim in California? There is a specified time frame to bring civil and criminal claims in California. This time frame is called the statute of limitations. Once this deadline has passed, a plaintiff can no longer pursue a claim. In California, a party has two years to bring a wrongful death claim. Even if you can prove all the elements of what constitutes a wrongful death lawsuit, you cannot hold the negligent party accountable if you fail to bring the claim within two years. Be aware that the statute of limitations for a wrongful death claim starts on the date your loved one passed away, which may not be the same date as the incident or accident. Contact Beliz Law Firm for a Free Case Consultation California wrongful death cases can get complicated. It may be hard to determine what is considered a wrongful death. That’s why you must talk to the experienced attorneys at Beliz Law Firm. With almost two decades of legal experience, founder Michael A. Beliz has recovered millions of dollars for his clients. Michael understands the difficult time you are going through. At Beliz Law Firm, you don’t have to deal with the aftermath of this tragedy alone. Contact us today and find out how we can help you.

Wrongful Death

Wrongful Death Statute of Limitations in California

Mar 8, 2023 | By Michael Beliz | Read Time: 4 minutes

The Code of Civil Procedure, Sect. 335.1 sets forth the statute of limitations for bringing a wrongful death suit in California as two years from the date of injury or death. This is the case with most wrongful death claims, but there are several other situations where a different statute of limitations could apply. Wrongful Death Statute of Limitations in California In addition to the standard two-year cut off from the date of injury or death, there are two other scenarios that may apply to wrongful death claims in California. The first involves medical malpractice, or health care provider negligence. In these matters, the California wrongful death statute of limitations is either three years from the date of injury; or one year after the plaintiff discovers the problem or should have discovered the injury — whichever comes first. If the wrongful death claim is based on government tort liability, like a motor vehicle accident with a county or city vehicle, then any claim against the government must be filed within six months of the injury. What is the California Wrongful Death Statute? Under the California statute, there is a wrongful death if the following elements are present: This law allows certain people to bring a claim for compensation for their financial losses that resulted from someone else’s untimely death. It is a civil lawsuit and it can be brought against the person or people who were responsible for the person’s death. Who Can Bring a Wrongful Death Claim? Under the California wrongful death statute, only certain people can lawfully bring a claim for wrongful death. Some of these include: If the deceased did not have any of the aforementioned relatives, then an heir could be anyone who would be entitled to the deceased’s property, as if he or she died intestate (without a will). If there were other people who were dependent on the deceased, like a putative spouse or the putative spouse’s children, or parents or stepparents of the deceased, they could also be eligible to file in this situation. Additionally, any minor, provided they resided with the deceased for at least 180 days and were financially dependent on the deceased for at least 50 percent of their support. If there are multiple claimants to a wrongful death claim, they must be joined together in one single court action. There cannot be multiple claims filed against the responsible party. California follows the “one action rule,” which means all claimants must be on one lawsuit. There is a good reason for this rule, which protects the defendant from defense costs on more than one lawsuit, and it helps prevent an inconsistent ruling resulting from having more than one case. Claimants who are not joined on the original wrongful death lawsuit could be barred from bringing their own action against the responsible person or party. This would be unfair, which is why the heirs have a mandatory responsibility to include any known heirs. If an heir intentionally leaves off a claimant, the heir may be responsible to the other claimant. Types of Compensation in a California Wrongful Death Claim Plaintiffs who bring a wrongful death action on behalf of a loved one seek compensation for a variety of damages. Some of the more common ones include: Valuing a Wrongful Death Claim Putting a value on certain aspects of wrongful death can be extremely complex. It is not easy to determine how deep the expected loss of financial support might run, sexual relationship, or supposal support around the household services. There needs to be an analysis of the person’s past and future expected earnings, his or her employment background, capabilities, and special talents, as well as determining the needs of surviving heirs. Proving life expectancy can be difficult and may require the expertise of an expert who can consider important factors like the person’s age, activities, health, lifestyle, past medical problems, current health habits and exercise, and other related information. Determining a monetary value regarding the loss of care, comfort, and moral support by the heirs is a sensitive area. This is why it’s important to retain a California wrongful death attorney who specializes in these matters. Only an attorney who has ample experience evaluating wrongful death claims can present a figure to the other side that is quantifiable but also takes the emotional aspects into account. Beat California’s Wrongful Death Statute of Limitations If you’ve lost a loved one in a wrongful death accident, call the Beliz Law Firm for a complimentary consultation. Our team can help you understand all the elements of the California wrongful death statutes and whether or not you have a valid claim. Contact us today.

Wrongful Death

How to File a Wrongful Death Lawsuit in California

Jun 2, 2018 | By Michael Beliz | Read Time: 3 minutes

If your loved one has died due to an act of negligence or malice, you are entitled to file a wrongful death lawsuit against the at-fault party. Most folks don’t know where to begin or what they’ll need to prove, however. The process is complicated not simply because of the complex emotions that are involved, but also because plaintiffs generally end up filing multiple causes of action against a single defendant. Here, we’ll talk about everything you need to know to file a wrongful death lawsuit against an at-fault party in the State of California. Survival Actions Under California law, the descendants of a victim of a wrongful death can file a lawsuit directly against an at-fault party. In addition, the victim’s estate can also file suit against the at-fault party. While these are considered two separate actions under the law, they can be litigated concurrently. Survival actions are described by California Civil Code 377.30. Since survival actions are brought on behalf the victim’s estate on behalf of his or her heirs, they sue for a specific set of damages. Those damages include: Claims that are not related to the victim’s death but the victim had a right to sue for on or before the date of their death; And claims related to the victim’s death when the victim survives the injuries for a short period of time. Unlike wrongful death lawsuits, survival actions can sue for punitive damages, which is significant. In the event that a defendant is guilty of either gross negligence or willful misconduct, the plaintiff may pursue punitive damages against the defendant. That money is paid directly to the estate and then distributed to their heirs. Wrongful Death Actions Wrongful death actions are a kind of personal injury lawsuit that brought on behalf of a victim’s family when the victim can no longer bring the action themselves. Types of deaths that support a wrongful death action include: Car or traffic accidents including drunk driving accidents, Murder or manslaughter, Medical malpractice, Elder abuse, Slip and fall accidents, Product liability (when a defective product causes a death), And dog bites or dog attacks. These are considered grounds for a lawsuit. Except in cases of product liability or dog bites, the plaintiff must be able to show that the defendant acted negligently or maliciously. When a defendant acts maliciously or their negligence is so gross that it shows no concern for the rights and safety of others at all, the plaintiff can pursue punitive damages which punish the defendant for their actions. In addition, surviving family members must show that they suffered personally from the deceased’s death. Who Can Bring a Cause of Action in a Wrongful Death Lawsuit California Civil Code 377.30 defines who may bring a cause of action in wrongful death lawsuit. They include: Spouses or domestic partners, Children or grandchildren (when the deceased’s children are deceased), Minors who were financially dependant on the deceased’s income, Anyone who is considered an heir under California’s laws of intestate succession. Call a California Wrongful Death Attorney Today If a loved one has died due to the negligence or malice of another party, call the wrongful death attorneys at Beliz Law Firm at (562) 452-3772 or contact us online and we can begin building your case right away.

Wrongful Death

Settling a Wrongful Death Claim

Mar 2, 2018 | By Michael Beliz | Read Time: 2 minutes

Trials are not always necessary to resolve a wrongful death lawsuit. Sometimes the parties reach an amicable settlement agreement outside of the courtroom, either before or after the proceedings begin. A settlement agreement is a legally binding contract in which one party forgoes his or her claim if the other party pays the amount set forth in the settlement. A settlement is enforceable if agreed to in a writing signed by the parties outside the courtroom or if agreed to orally before the court. The parties may then move for the court to enter judgment according to the settlement terms. California law authorizes courts to enforce such agreements. Yet, a settlement agreement does not necessarily resolve all the claims against a particular wrongdoer. For example, the decedent’s surviving spouse might decide to settle, while the decedent’s parents — if financially dependent upon their child — might choose to go to court. What Is a Wrongful Death Claim? A wrongful death claim arises under California law when a person dies because of another person’s negligent or wrongful act. The survivors of the victim may file a civil lawsuit seeking monetary damages from the wrongdoer. California permits spouses, children, parents and other relatives to file wrongful death claims under certain circumstances. It is important to understand the types of compensation available to those who choose to file a wrongful death claim. Specifically, there are two general categories of damages that survivors may seek. These are economic and noneconomic. Common economic damages awarded in wrongful death cases include medical bills, financial support (the amount the decedent would have contributed to the family over the course of his or her lifetime), and funeral and burial expenses. Noneconomic damages can be difficult to quantify. They compensate survivors for the loss of the decedent’s love, companionship, and moral support, among other nonfinancial losses. Negotiating a Settlement Agreement The amount of damages awarded in a wrongful death lawsuit depends on the facts of the case and the policy limits of the insurance. However, claims can often settle for millions of dollars. An experienced attorney can examine the facts of your case and help you determine your best course of action. This could be to seek or accept a settlement agreement or proceed to trial. Contact Us Today for Assistance Moving forward after losing a loved one can be a difficult process, which is only compounded by mounting bills. If you find yourself in this situation, we advise you to reach out to a skilled attorney for help with your case. Contact our office in Long Beach, California for a free consultation if your loved one was killed because of another person’s negligent or wrongful act. Our personal injury attorneys will help resolve your wrongful death claim and help recover compensation for your loss.

Personal Injury

Who Can File a Long Beach Wrongful Death Lawsuit?

Jun 9, 2017 | By Michael Beliz | Read Time: 2 minutes

A sudden death of your loved one is shocking and upsetting. When the death results from someone else’s fault, it is normal to have questions about your legal options. For surviving family members a wrongful death lawsuit may be in order. It is impossible to replace a loved one whose death occurred due to another’s negligence. Before you bring a suit, it is important to meet with a Long Beach wrongful death lawyer. Discuss your case and legal details, including specifics of filing a wrongful death lawsuit. Be aware, however, that only certain family members can do so. Only Certain Parties Can Bring Forth Wrongful Death Actions in California Each state sets its own laws regarding who can bring forth a wrongful death action. In California, only certain family members can file a wrongful death lawsuit. These parties include the decedent’s: Spouse; Children; or Domestic partner. If none of the above parties exist, there are special circumstances. Section 337.60 of California Code of Civil Procedure, allows for any person “who would be entitled to the property of the decedent by intestate succession” to bring forth a claim. In some cases, other parties may bring a claim. This includes stepchildren or parents of the deceased. The parties must prove they were dependent on the decedent. You Must File a Suit within Two Years There is a two-year statute of limitations on filing wrongful death lawsuits in California. This applies to all parties who may be eligible to file. If you wait longer than two years to bring forth your action, you will lose your right to the claim. When a minor child faces injury, the child has until the age of 18 years old plus 2 years to either settle the claim or file a lawsuit for injuries. This is not true for wrongful death cases. A minor child who has standing in a wrongful death claim only has 2 years. There is one exception to the two years. If the wrongful party is a government agency than the time frame is shorten to six months. Are there specific types of compensation surviving family members can recover? A person with standing to sue may recover damages from the responsible party, based upon: ● The value of the deceased’s contribution to the household, financially and otherwise; ● The losses that will result from anticipated financial support; and, ● Emotional losses, including loss of affection, moral support, and guidance. Contact Us Today If a family member has died to the wrongful acts of another and you believe you have the right to file a lawsuit based on the information above, contact The Beliz Law Firm for a free consultation. Our Long Beach wrongful death lawyers are available by phone 24 hours a day.

Wrongful Death

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