Wrongful Death Claims in Pasadena: Seeking Justice for Your Loved One

Losing a loved one is one of life’s most painful experiences, especially when their death results from someone else’s negligence or misconduct. In Pasadena, California, a wrongful death claim can provide grieving families with financial compensation and a path to hold responsible parties accountable. This guide explores the essentials of wrongful death claims, including California’s legal framework, who can file, types of damages, and how a skilled Pasadena wrongful death attorney can help you seek justice.

What Is a Wrongful Death Claim?

A wrongful death claim is a civil lawsuit filed when a person’s death is caused by the negligent, reckless, or intentional actions of another individual, company, or entity. In California, these claims are governed by the California Code of Civil Procedure § 377.60, which allows certain family members or dependents to seek compensation for losses resulting from their loved one’s death.

Wrongful death claims can arise from various incidents, such as:

Car accidents caused by drunk or distracted driving
Medical malpractice, including surgical errors or misdiagnoses
Workplace accidents due to unsafe conditions
Defective products, like faulty medical devices or vehicles
Criminal acts, such as assault or murder

Unlike criminal cases, which focus on punishing the wrongdoer, wrongful death lawsuits aim to compensate survivors for financial and emotional losses. In Pasadena, these claims are handled in civil courts, where the burden of proof is a “preponderance of the evidence” (more likely than not), a lower standard than the “beyond a reasonable doubt” required in criminal cases.

Who Can File a Wrongful Death Claim in Pasadena?

California law specifies who has standing to file a wrongful death claim under CCP § 377.60. Eligible parties include:

Surviving Spouse or Domestic Partner: The deceased’s spouse or registered domestic partner has the primary right to file.
Children: Biological, adopted, or stepchildren of the deceased can file. If the children are minors, a court-appointed guardian may pursue the claim on their behalf.
Parents: If the deceased had no spouse or children, parents can file, provided they were financially dependent on the deceased.
Other Dependents: Individuals such as putative spouses (those who believed in good faith they were married to the deceased), stepchildren, or minors who lived with the deceased for at least 180 days and relied on them for at least 50% of their financial support may file if they were financially dependent.
Heirs via Intestate Succession: If no immediate family exists, those entitled to the deceased’s estate under California’s intestate succession laws (e.g., siblings) may file.

California’s “one action rule” requires all eligible heirs to join in a single lawsuit to avoid multiple claims against the same defendant. A personal representative of the deceased’s estate may file on behalf of all heirs to streamline the process.

Types of Damages in a Wrongful Death Claim

Compensation in wrongful death claims is divided into economic and non-economic damages, designed to address both tangible and intangible losses.

Economic Damages

These are quantifiable financial losses, including:

Medical expenses incurred due to the deceased’s final injury or illness
Funeral and burial costs
Loss of financial support, such as the income the deceased would have provided
Loss of household services, like childcare or home maintenance
Loss of gifts or benefits the family would have received

Non-Economic Damages

These compensate for emotional and relational losses, such as:

Loss of companionship, love, or affection
Loss of guidance or mentorship, especially for minor children
Loss of consortium, addressing the impact on a surviving spouse’s relationship

Punitive Damages

In cases of egregious misconduct (e.g., intentional harm), courts may award punitive damages to punish the defendant and deter similar behavior. These are more common in survival actions (discussed below) than wrongful death claims.

Statute of Limitations for Wrongful Death Claims

In California, the statute of limitations for most wrongful death claims is two years from the date of the deceased’s death. Failing to file within this period typically bars the claim. However, exceptions exist:

Discovery Rule: If the cause of death is not immediately known, the clock may start on the “date of discovery” when the family learns of the wrongful act.
Medical Malpractice: Claims must be filed within three years from the date of death or one year from discovering the negligence, whichever comes first.
Government Entities: If a government entity is liable, a claim must be filed within six months from the date of death.
Minors: Minors have until two years after turning 18 to file for a parent’s wrongful death.

Given Pasadena’s proximity to major medical facilities and busy roadways like the 210 Freeway, wrongful death claims often involve complex circumstances, such as medical errors or traffic accidents. Consulting a Pasadena wrongful death attorney promptly ensures compliance with these deadlines.

Wrongful Death vs. Survival Actions

It’s important to distinguish between wrongful death claims and survival actions, as both may apply in the same case:

Wrongful Death Claims: Compensate surviving family members for their losses due to the death (e.g., loss of companionship or financial support).
Survival Actions: Allow the deceased’s estate to recover damages the deceased could have claimed if they had survived, such as medical expenses or pain and suffering before death. Survival actions can include punitive damages and, under Senate Bill 447, non-economic damages until 2025.

In Pasadena, attorneys often combine both claims to maximize compensation, especially in cases involving prolonged suffering before death, such as medical malpractice.

Proving a Wrongful Death Claim

To succeed in a wrongful death lawsuit, plaintiffs must prove four elements:

Duty of Care: The defendant owed a duty to act reasonably to avoid harming the deceased (e.g., a doctor’s duty to provide competent care).
Breach of Duty: The defendant failed to uphold this duty (e.g., a driver running a red light).
Causation: The breach directly caused or substantially contributed to the death.
Damages: The plaintiffs suffered financial or emotional losses as a result.

California operates under a pure comparative negligence system, meaning compensation may be reduced if the deceased was partially at fault. For example, if the deceased was 20% responsible for a car accident, damages are reduced by 20%.

Why Hire a Pasadena Wrongful Death Attorney?

Navigating a wrongful death claim is emotionally and legally complex. A Pasadena wrongful death attorney can:

Evaluate Your Case: Assess eligibility, damages, and potential challenges.
Gather Evidence: Collect medical records, accident reports, and witness statements to build a strong case.
Negotiate with Insurers: Counter lowball settlement offers from insurance companies.
Meet Deadlines: Ensure compliance with California’s statute of limitations and procedural rules.
Represent You in Court: Advocate for maximum compensation at trial if a fair settlement cannot be reached.

Pasadena attorneys, like those at firms such as Tedford & Associates, have a track record of securing significant settlements and verdicts. Led by Attorney James R. Tedford, II, a Pasadena Magazine Top Attorney and Southern California Super Lawyer®, the firm operates on a contingency fee basis—you pay nothing unless we win. Our compassionate, aggressive approach has secured favorable outcomes for countless clients.

Steps to Take After a Wrongful Death in Pasadena

If you’ve lost a loved one due to negligence, act quickly:

Contact Tedford & Associates: Schedule a free consultation to evaluate your case.
Preserve Evidence: Keep medical records, accident reports, or other documents.
Avoid Insurance Discussions: Do not speak with the defendant’s insurance company without legal counsel.
File Promptly: Meet the statute of limitations, especially for government-related claims.

Seeking Justice for Your Loved One

No amount of compensation can replace your loved one, but a wrongful death claim can provide financial stability and hold negligent parties accountable. Tedford & Associates is here to support you through this difficult time with compassion and relentless advocacy. Don’t let complex legal processes or insurance tactics overwhelm you—let our experienced Pasadena attorneys fight for the justice your family deserves.

Contact Tedford & Associates today at (626) 790-1066 to schedule your free, confidential consultation. Our team is ready to listen, guide you through your options, and pursue the maximum compensation you’re entitled to. Se habla español. Call now to take the first step toward healing and justice.

Disclaimer: This article is intended for informational purposes only and should not be taken as legal advice. Consult with a qualified attorney to discuss your specific situation.