Wrongful Death Claims After a Pedestrian Accident in California: What Families Need to Know

Losing a loved one is a deeply painful experience, and it’s even more devastating when their death results from a pedestrian accident caused by someone else’s negligence. In California, where pedestrian fatalities are approximately 25% higher than the national average, families facing such tragedies have the right to seek justice and compensation through a wrongful death claim.

What is a Wrongful Death Claim?

In California, a wrongful death claim is a civil lawsuit brought by the surviving family members of a person who died due to the negligent, reckless, or intentional act of another party. California Code of Civil Procedure § 377.60 governs these claims, providing a legal avenue for families to seek compensation for their losses. It’s important to remember that a wrongful death claim is distinct from any criminal charges that may be filed against the responsible party, as it focuses on compensating the surviving family for their losses.

Who Can File a Wrongful Death Claim in California?

California law specifies who is eligible to file a wrongful death claim. Generally, the following individuals have the right to file a claim:

The deceased’s spouse or domestic partner
The deceased’s children
The deceased’s grandchildren, if the decedent’s children are deceased
If there are no surviving spouse, domestic partner, or children, then anyone “who would be entitled to the property of the decedent by intestate succession” may file a wrongful death suit. This can include the deceased’s parents or siblings.
Other individuals who were financially dependent on the deceased may also be able to file a claim. This includes the deceased’s parents, a former spouse from a prior marriage, and any stepchildren the deceased may have had.
A personal representative can file a claim on the family’s behalf.

What are the Common Causes of Wrongful Death in Pedestrian Accidents?

Several factors can contribute to pedestrian accidents that result in wrongful death. Some of the most common causes include:

Negligence: This includes distracted driving (texting, eating, etc.), speeding, failure to yield the right-of-way, and driving under the influence of drugs or alcohol.
Recklessness: This involves actions that demonstrate a disregard for the safety of others, such as aggressive driving or ignoring traffic signals.
Dangerous Road Conditions: Poorly maintained roads, inadequate lighting, and missing or unclear signage can also contribute to pedestrian accidents.
Defective Products: In some cases, a defect in a vehicle or a traffic signal can cause an accident resulting in a pedestrian’s death.

What Damages Can Be Recovered in a Wrongful Death Claim?

While no amount of money can truly compensate for the loss of a loved one, a successful wrongful death claim can help ease the financial burden on the surviving family members. Damages that may be recovered in a California wrongful death lawsuit include:

Funeral and burial expenses
Medical expenses incurred before death
Lost future income and benefits the deceased would have earned
Loss of companionship, love, and emotional support
Pain and suffering experienced by the surviving family members
Loss of consortium: Compensation for the loss of emotional support of the deceased

The Importance of Proving Negligence

To win a wrongful death case, you’ll need strong evidence showing that the deceased died directly as a result of the negligent behavior of another party. You’ll also need evidence showing the losses your family and the deceased suffered as a result of the accident. The more evidence you have, the better chance you’ll have of recovering fair compensation on your claim.

Statute of Limitations: How Long Do You Have to File a Claim?

In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. This means the lawsuit must be initiated within this period to be considered valid. However, there are exceptions to this rule:

Medical Malpractice: If the death was caused by medical malpractice, the statute of limitations is either one year from the date of discovery that the death was caused by medical negligence or three years from the date of death, whichever occurs first.
Government Entity: If a government entity was responsible for the death (e.g., a city bus accident), a claim must be filed within six months of the death. If the claim is denied, the family has an additional six months to file a lawsuit.
Discovery Rule: In some cases, the statute of limitations may begin from the date the negligence was discovered, rather than the date of death.

Missing the deadline can result in losing the right to pursue compensation, so it’s crucial to consult with an attorney as soon as possible.

Comparative Negligence: What if the Pedestrian Was Partially at Fault?

California follows a “pure comparative negligence” rule. This means that even if the pedestrian was partially at fault for the accident, the surviving family members can still recover damages. However, the amount of compensation will be reduced by the percentage of fault attributed to the pedestrian. For example, if the pedestrian was found to be 20% at fault, the damages would be reduced by 20%.

How Long Does a Wrongful Death Claim Take?

The length of time it takes to resolve a wrongful death claim can vary depending on the complexity of the case. Most pedestrian accident claims take a few months to settle, depending on the complexity of the case and the severity of injuries. If the case goes to trial, it may take a year or longer to settle or decide. Cases that go to court usually involve catastrophic injuries, wrongful death, or disputed liability.

The Role of a Wrongful Death Attorney

Navigating the legal complexities of a wrongful death claim can be challenging, especially while grieving the loss of a loved one. An experienced wrongful death attorney can provide invaluable assistance by:

Investigating the accident and gathering evidence
Identifying all responsible parties
Calculating the full extent of damages
Negotiating with insurance companies
Filing a lawsuit and representing the family in court

Seeking Justice and Compensation

If you have lost a loved one in a pedestrian accident, it is essential to understand your rights and options. A wrongful death claim can provide financial support and hold the responsible parties accountable for their actions. Contacting an experienced California wrongful death attorney can help you navigate the legal process and pursue the justice and compensation your family deserves.