Wrongful Death Claims in California — Justice for Families After a Fatal Accident

No tragedy is greater than losing a loved one in an accident that could have been prevented. In California, when a death is caused by another person’s negligence, recklessness, or intentional act, surviving family members have the right to seek justice and compensation through a wrongful death claim. While no amount of money can replace what was lost, a legal claim can provide vital financial support, hold the responsible party accountable, and help bring a sense of closure.

Attorney Michael Madadi and the compassionate team at BD&J, PC have helped many families navigate the complex process of wrongful death litigation. With their experience and dedication, your family can focus on healing while they fight for the justice your loved one deserves.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit brought by surviving family members or a personal representative against the person or entity responsible for the death. Common causes include:

• Fatal car, truck, or motorcycle accidents
• Pedestrian or bicycle accidents
• Commercial vehicle and delivery truck collisions
• Defective products (including auto parts, electronics, and medications)
• Dangerous property conditions or premises liability incidents
• Medical malpractice or nursing home neglect

If your loved one would have had a personal injury claim had they survived, your family likely has grounds for a wrongful death lawsuit.

Who Can File a Wrongful Death Claim in California?

California law allows specific relatives and financial dependents to file a wrongful death claim, including:

• The spouse or domestic partner of the deceased
• Children (including stepchildren and sometimes dependent minors in the household)
• Parents (if dependent on the deceased or if there are no surviving children)
• Other financial dependents or individuals entitled to the estate under intestate succession

Damages Available in a Wrongful Death Case

Compensation in a wrongful death claim is designed to address both economic and non-economic losses. Damages may include:

• Funeral and burial expenses
• Loss of the deceased’s financial support (income, benefits, retirement)
• Loss of household services (childcare, maintenance, etc.)
• Loss of love, companionship, care, and moral support
• Loss of guidance for minor children
• Medical expenses related to the injury before death (if not claimed separately in a survival action)

While financial compensation can never undo the loss, it can provide stability and resources during a painful and uncertain time.

The Legal Process: What Families Can Expect

Navigating a wrongful death claim is never easy, but understanding the process can help families feel more prepared:

Consultation and Case Evaluation:
The attorney will review the facts, explain your legal options, and help identify all liable parties.

Investigation:
Thorough evidence gathering includes accident reports, witness statements, expert testimony, medical records, and any available surveillance or dashcam footage.

Valuing the Claim:
Calculating both economic and emotional losses, often in consultation with economists and life care planners.

Negotiation:
Most claims settle out of court, but your attorney will be ready to litigate if a fair settlement is not offered.

Litigation (if necessary):
If the case goes to trial, a judge or jury will determine liability and damages.

Why Experience and Compassion Matter

Wrongful death cases often involve complex insurance issues, multiple parties, and large corporations or insurers. Families are frequently confronted with aggressive tactics from defendants trying to minimize their responsibility. An attorney who understands both the legal complexities and the emotional weight of these cases is essential.

Michael Madadi’s background in handling large-scale personal injury and wrongful death cases ensures that your family has a dedicated advocate. BD&J, PC’s proven results and client-centered approach mean that you can trust your case will be handled with care, respect, and determination.

Frequently Asked Questions

How long do I have to file a wrongful death claim?
In California, the statute of limitations is generally two years from the date of death. However, it’s crucial to start the process as soon as possible to protect evidence and legal rights.

What if the responsible party faces criminal charges?
A wrongful death claim is separate from any criminal proceedings. You can pursue a civil claim even if there is a criminal case (and even if there is no conviction).

How much does it cost to hire a wrongful death attorney?
BD&J, PC works on a contingency fee basis, meaning you pay nothing unless your family receives compensation.

Take the Next Step Toward Justice and Healing

Losing a loved one is a life-altering event, but you do not have to face the aftermath alone. Michael Madadi and BD&J, PC are here to provide the legal support, compassion, and advocacy your family needs. Contact their office for a free, confidential consultation and begin the process of seeking the justice your loved one deserves.