In California, a wrongful death occurs when the decedent dies because of the misconduct, including negligent, reckless or intentional conduct, of another person or entity.

In the event of a wrongful death, California Code of Civil Procedure 377.60 allows the following family members to bring a lawsuit:

• Surviving spouses;
• Domestic partners;
• Children;
• Grandchildren (if the deceased person’s children are also deceased);
• Other minor children (such as stepchildren) who were dependent on the deceased for at least 50% of their financial support; and
• Anyone else who would be entitled to the deceased’s property under California’s laws.

Claims of wrongful death can arise out of car accidents, pedestrian accidents, assault, battery, murder, elder abuse, child abuse, workplace injuries, defective products, and more. Damages in such claims are intended to compensate family or dependents for the value of the support they could have reasonably expected to receive from the deceased if he or she had lived.

Notably, a person could be found liable for wrongful death even if he or she was acquitted in a related criminal case.

If your loved one has tragically passed as a result of someone else’s conduct, contact us to discuss your options.