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who can file a wrongful death claim in california

Under tort laws, survivors of victims who are killed as a result of another party's actions can pursue a wrongful death lawsuit against that party if those behaviors or actions were negligent, reckless, due to misconduct, or intentional.

Some of the more common wrongful death actions that a wrongful death lawyer can pursue on behalf of survivors include:

  • Car accidents
  • Truck accidents
  • Motorcycle accidents
  • Pedestrian accidents
  • Bicycle accidents
  • Medical malpractice
  • Premises liability
  • Product liability
  • Work-related deaths

In order to be successful in a lawsuit, a wrongful death lawyer will need to prove three elements to the jury.

  1. The at-fault party owed a duty of care to the victim.
  2. The at-fault party breached that duty.
  3. The at-fault party’s breach of duty caused the victim’s death.

For example, if the cause of death was an alcohol-related car crash, the at-fault driver had a legal duty to all other drivers on the road to obey your state’s traffic laws.

A wrongful death lawsuit can be filed even if there have been no criminal charges filed against the at-fault party. A lawsuit is handled in civil court, not criminal court, so the two actions are entirely separate.

If you have lost a loved one due to the negligence or recklessness of another party, you may be entitled to financial justice for your losses. Contact a wrongful death lawyer from Unidos Legales for a free consultation.


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