Key Elements of a Wrongful Death Claim in Tustin
Wrongful death claims are built on the principle that a life was lost because another party failed to act with reasonable care. To succeed, several legal elements must be established. First is the duty of care, meaning the responsible party had an obligation to act safely; for example, a driver following traffic laws or an employer maintaining safe working conditions.
Next is the breach of duty, which occurs when that obligation is violated. In Tustin, this may involve reckless driving on busy corridors like the I-5 or unsafe practices in Orange County’s warehouses and construction sites. In product liability cases, a breach may arise from defective designs, poor manufacturing, or inadequate safety warnings.
The third element is causation, requiring proof that the breach directly led to the death. This often involves medical records, accident reconstruction, or expert testimony showing that without the negligent act, the fatality would not have occurred. Finally, families must demonstrate damages, which include both financial losses, such as funeral costs and lost income, and non-economic harm, like the loss of companionship and guidance.
Who Can File a Wrongful Death Lawsuit in Tustin?
Under California’s wrongful death statute, only certain relatives have the legal right to bring a claim. The law is designed to prioritize those most directly affected by the loss. Eligible family members may include:
- Spouses or Domestic Partners: recognized under California law as having the primary right to file.
- Children of the Deceased: including both biological and legally adopted children.
- Parents: if they were financially dependent on the deceased or if no spouse or children survive.
- Siblings or Other Relatives: in certain cases, particularly when they relied on the deceased for financial support.
- Stepchildren or Putative Spouses: individuals who can show financial dependence on the deceased may also qualify.
Eligibility rules can be complex, and multiple family members may have overlapping rights. California courts may require these claims to be joined together to avoid conflicting lawsuits.
Wrongful Death vs. Survival Action in Tustin: What’s the Difference?
When a loved one dies because of negligence, two different types of legal claims may come into play in California: wrongful death claims and survival actions. While they are related, they serve different purposes and compensate for different kinds of losses.
A wrongful death claim is filed by surviving family members for the harm they have personally suffered as a result of the loss. This includes financial support the deceased would have provided, funeral expenses, and the emotional toll of losing companionship, guidance, and care. The focus here is on how the death impacts the surviving relatives.
A survival action, by contrast, continues the personal injury claim that the deceased could have brought had they lived. It is filed on behalf of the deceased’s estate. This type of claim seeks damages for the period between the injury and the death, such as medical expenses, lost wages, or even pain and suffering endured before passing.
To put it simply, a wrongful death claim compensates the family for their losses, while a survival action compensates the estate for losses suffered by the deceased before death. Both claims may be filed together in Tustin, but they address different aspects of justice and recovery.
Recoverable Damages in a Wrongful Death Claim
Damages generally fall into two categories:
- Economic Damages: Tangible losses such as medical expenses, funeral costs, lost income, and the value of household services once provided by the deceased.
- Non-Economic Damages: Intangible losses, including loss of companionship, emotional support, and, in the case of children, loss of parental guidance.
Statute of Limitations for Wrongful Death in Tustin, CA
California law requires wrongful death claims to be filed within two years of the date of death. Missing this deadline can prevent families from recovering damages, which makes it essential to consult with an attorney promptly. Our team manages these deadlines while handling the legal details so families can focus on healing.
Schedule A Free Consultation With GoSuits Tustin Wrongful Death Attorneys
Wrongful death claims are about more than legal procedures; they are about finding accountability and providing families with a measure of stability during overwhelming times. After learning about eligibility, damages, and the legal process, families should know they are not alone in facing these challenges. The law in Tustin and Orange County gives surviving relatives a path forward, and with the right guidance, that path can lead to both justice and much-needed financial support.
GoSuits has more than 30 years of combined experience representing families in personal injury cases. Over the years, we have helped thousands of clients and recovered millions in verdicts and settlements. Our approach is different from many firms because we use proprietary technology that keeps cases moving efficiently, allows clients direct access to their files, and removes the barrier of case managers so every client works directly with an attorney. The result is a process that is transparent, responsive, and personal.
Our commitment to service is reflected in the many positive reviews we have received on our Google Business Profile. At GoSuits, we combine proven results with modern tools and compassionate advocacy, giving families the confidence to focus on healing while we handle the legal details. To learn how we can help, call (844) 467-8487.
