Losing a loved one unexpectedly is one of the most devastating experiences a family can face. When that loss is the result of someone else’s negligence or wrongdoing, the emotional toll is only compounded by financial stress and legal uncertainty. If you are searching for answers about your rights after a wrongful death in Contra Costa County, you are not alone. Contact a knowledgeable and compassionate Contra Costa County wrongful death lawyer here at O’Connor Law APC for a free consultation today.
In California, a wrongful death occurs when a person dies as the result of another party’s negligence, recklessness, or intentional act. The law allows certain surviving family members or legal representatives to file a civil claim seeking compensation for their losses. These losses often include both tangible damages, like funeral expenses and lost income, and intangible ones, such as the emotional pain of losing a spouse, parent, or child.
Wrongful death is not a criminal charge. Rather, it is a civil lawsuit brought by the deceased person’s estate or surviving family members. Even if criminal charges are being pursued separately, such as in cases involving drunk driving or assault, a wrongful death claim operates independently and carries a different burden of proof. That’s an important distinction, especially if you are also dealing with criminal proceedings at the same time.
In California, the right to file a wrongful death claim is typically granted to the following individuals:
The damages recoverable in a wrongful death claim can vary depending on the situation, but they often include the following:
Under California Code of Civil Procedure § 377.60, wrongful death claims must meet specific legal criteria. You must prove that the defendant’s negligent, reckless, or intentional actions directly caused the death. This might sound straightforward, but in practice, it often involves gathering extensive evidence, interviewing witnesses, consulting with medical or accident reconstruction experts, and crafting a legal narrative that clearly links the cause of death to the responsible party’s actions.
Another critical factor is timing. California enforces a strict statute of limitations for wrongful death lawsuits. Generally, you must file your claim within two years of the date of the person’s death. If you miss this deadline, the court will almost certainly dismiss your case, regardless of its merits. There are a few exceptions—for example, if the death was not immediately linked to the defendant’s actions and the connection was only discovered later—but these exceptions are narrow. Acting quickly is essential.
In addition, if the claim involves a government agency (such as a wrongful death resulting from a city employee’s actions or a dangerous public road condition), a special claim must be filed with the appropriate agency within six months of the death. Failing to follow this requirement can bar your claim completely. These procedural rules are strict and unforgiving, so having an experienced wrongful death lawyer on your side can make all the difference.
The death of a loved one is always difficult, but when that loss could have been prevented, the pain runs even deeper. If you are seeking answers about a potential wrongful death claim in Contra Costa County, don’t wait until it’s too late to act. California law places strict limits on how long you have to pursue justice. Let O’Connor Law APC stand by your side and advocate for the full and fair compensation your family deserves. Contact a wrongful death lawyer from our firm for a free case evaluation today.
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