California Wrongful Death Act
Losing a loved one because another person’s negligence or reckless behavior caused a car accident is one of the most challenging experiences any family can face. Unfortunately, traffic fatalities are far too common in California. In October 2024, Governor Gavin Newsom stated that “Roughly 12 people are killed on California roadways every day.”
This alarmingly high rate of car accident fatalities highlights how frequently families across the state are forced to endure the emotional and physical pain of losing a loved one. More often than not, these fatal accidents are preventable and highlight the continued importance of the California wrongful death statute.
The California wrongful death statute allows surviving family members of deceased accident victims to hold negligent parties accountable and pursue compensation for the damages they’ve suffered. At Roberts Personal Injury & Car Accident Lawyers, we serve families in Stockton, Modesto, and the surrounding areas, in an effort to help them manage this complex process with compassion, diligence, and a commitment to justice.
What is The New Law In California For Wrongful Death?
The California wrongful death act has undergone significant updates in recent years to better protect victims’ families and strengthen their right to pursue justice for the wrongful death of the victim. One of the most notable changes came with Senate Bill 447 (SB 447), which became effective on January 1, 2022. This new California wrongful death statute allows families to seek compensation for the decedent’s pain and suffering they experienced before their death, which is something that was previously prohibited under California law.
Before this change in the law, families of those who had been wrongfully killed in a car accident could only recover economic and emotional losses. However, with the introduction of SB 447, the deceased’s estate or their direct family members can also claim damages for the physical and emotional suffering their loved one endured before passing. This reform in the California wrongful death statute brought the law closer to the standards followed in other states, ensuring that defendants are held fully accountable for the harm they cause.
Additional legislative updates have been added to clarify who may file wrongful death claims in California and the procedures for doing so. These additional amendments are helping more California families pursue justice when negligence leads to tragedy.
What Is Considered Wrongful Death In California?
Under the California wrongful death act, a wrongful death occurs when an individual’s death is determined to be caused by another person or entity’s negligence, recklessness, or intentional misconduct. Wrongful death can extend past car accidents and include deaths in other types of personal injury cases.
This law gives the victim’s surviving relatives the right to bring a civil lawsuit against the at-fault party in an effort to recover damages for both emotional and financial losses. Common causes of wrongful death in California include:
- Motor Vehicle Accidents – Such as car, motorcycle, truck, and pedestrian crashes
- Medical Malpractice – Such as surgical errors, medical device failure, or failure to diagnose fatal illnesses
- Workplace Accidents – Such as construction site and industrial injuries
- Defective Products – Unsafe consumer or industrial goods that have lledto fatal injuries
- Criminal Acts – Such as assaults or reckless behavior resulting in death
While wrongful death cases can include a myriad of accident types, motor vehicle accidents are among the most common causes of wrongful death claims throughout California. These wrongful deaths in motor vehicle accidents are often caused by:
- Speeding
- Distracted driving
- Driving under the influence of drugs or alcohol
- Failure to obey traffic laws
Each of these causes is a preventable form of negligence, and the liable driver should be held responsible for their actions.
To succeed in a wrongful death case in California, plaintiffs must prove that the defendant owed a duty of care to the deceased family members, and then breached that duty through wrongful or unlawful conduct, and that the breach directly caused the family member’s death.
At Roberts Personal Injury & Car Accident Lawyers, we meticulously gather evidence, work with experts, and build strong cases to help Stockton and Modesto families seek justice for their loss.
Who Can File A Claim Under The California Wrongful Death Statute?
The California Code of Civil Procedure § 377.60, under the California wrongful death act, defines who is legally permitted to file a wrongful death claim. CCP § 377.60 states that the following individuals have priority:
- The spouse or domestic partner of the deceased
- The children of the deceased
- The grandchildren of any deceased child
If none of the above-listed individuals are living, the right to file a claim passes to those who would inherit the decedent’s estate under California succession laws, such as parents, siblings, or other relatives or listed heirs in the decedent’s wills.
Specific individuals who were financially dependent on the deceased, including stepchildren, assumed spouses, or minors who lived with the deceased for at least six months, may also be eligible to file a wrongful death claim.
This framework, created under the California wrongful death statute, ensures that those most affected by the loss have the legal right to pursue compensation under the California wrongful death statute.
How Roberts Personal Injury & Car Accident Lawyers Can Help With Wrongful Death Cases In California
At Roberts Personal Injury & Car Accident Lawyers, we understand that pursuing a wrongful death claim is about more than financial recovery for family members. It’s also about justice, accountability, and closure.
Our wrongful death attorneys are dedicated to helping families in Stockton, Modesto, and throughout the surrounding areas manage the complex legal system after a devastating loss of life. We provide legal support that includes:
- Conducting detailed investigations into the cause of death
- Working with accident reconstruction and medical experts to build a strong case
- Calculating full economic and non-economic damages
- Negotiating with insurance companies to secure fair settlements
- Taking cases to trial when necessary to protect our clients’ interests
Our experience with local courts throughout the Stockton and Modesto areas, as well as our knowledge of legal procedures, allows us to advocate efficiently and effectively for grieving families seeking justice under the California wrongful death statute.
If you have lost a loved one in Stockton, Modesto, or anywhere in the surrounding areas, don’t hesitate to contact our team at Roberts Personal Injury & Car Accident Lawyers today for a case consultation. We are committed to helping you manage this painful process and protecting your rights under the California wrongful death statute.
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