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Long Beach Accident: What is a Wrongful Death Case?

Feb 22, 2022

Long Beach accidents can result in a loved one’s sudden and tragic loss, which is one of the most profound challenges a family can face.

While a lawsuit may not be the first thing on your mind amidst grief, it’s important to know that you may be entitled to seek justice and compensation for your unimaginable loss, even if no criminal charges have been filed against the responsible party. 

In this article, you will understand when a Long Beach accident gives rise to a wrongful death case and how families can protect their rights.

What Is a Wrongful Death Claim?

A wrongful death lawsuit in Long Beach, CA, offers grieving families a path to seek justice and financial relief after a devastating loss. This legal action holds individuals or entities accountable when their negligence or wrongful actions result in the untimely death of a loved one.

From covering funeral expenses and recovering lost income to addressing the emotional pain of such a loss, a wrongful death claim provides a means to begin the healing process, both emotionally and financially.

Types of Long Beach Accidents Resulting in Wrongful Death

Wrongful death cases arise when someone fails to fulfill their duty of care, leading to tragic and preventable losses. In Long Beach, common accidents that can result in wrongful death include: 

  • Car and truck collisions 
  • Motorcycle, scooter, and e-bike crashes 
  • Pedestrian and bicycle accidents 
  • Dog attacks 
  • Slip-and-fall incidents 
  • Boating accidents 
  • Medical malpractice 

A wrongful death claim allows families to seek financial compensation for the hardships caused by the loss of a loved one. Beyond addressing financial burdens, these claims recognize the profound emotional pain that comes from losing someone who provided love, support, and companionship. 

While no amount of money can ever replace a life, pursuing a wrongful death claim can bring a sense of justice to families going through an unjust and devastating situation.

Why Long Beach Accidents Are Different

Long Beach is one of California’s busiest coastal cities: a blend of residential neighborhoods, bustling port traffic, and crowded tourist areas. Unfortunately, this mix creates conditions where serious and sometimes fatal accidents occur more often than most people realize.

Common contributing factors include:

  • Heavy traffic on Pacific Coast Highway, the 405, and downtown streets
  • Port and industrial work hazards, with trucks and machinery operating daily
  • Tourism and nightlife, increasing pedestrian and rideshare activity
  • Water-related risks, from boating to jet ski collisions near the marina
  • Construction and shipping zones, where safety lapses can be fatal

Local experience matters. A Long Beach accident lawyer familiar with local courts, insurers, and judges can navigate the nuances of your case effectively and improve your chances of success.

When Can I File a Wrongful Death Case for a Long Beach Accident?

To file a wrongful death case, you must show that someone either acted intentionally or negligently, leading to your loved one’s untimely death.

Intentional Acts

An intentional act is a deliberate action that becomes wrongful when it endangers others. If this act results in someone’s death, their family may file a wrongful death claim. 

For example, if a driver runs a red light and causes a fatal accident, the victim’s family could sue the driver. Similarly, if your loved one dies due to medical malpractice, you may still file a wrongful death claim, even if the doctor is not found guilty in a criminal case.

Negligence

Most wrongful death cases stem from negligence, when someone’s careless actions (or lack of action) cause death.

To succeed, you must prove four elements: duty of care, breach of duty, causation, and damages.

Duty of Care

First, you must show that the defendant owed a duty of care to the deceased.

Duty of care is when a person or organization has a legal obligation to ensure the safety and well-being of others. This also means that the individual acts in a way that a reasonable person would.

This varies by situation. For example: 

  • Vehicle accidents: Drivers must operate vehicles safely. 
  • Medical malpractice: Healthcare professionals must provide appropriate care. 
  • Premises liability: Property owners must maintain safe conditions for visitors. 

Breach of Duty

Next, you need to prove the duty of care was breached. This means that someone failed to act responsibly, resulting in the accident.

Causation

You must also show that the breach directly caused your loved one’s death. Your California wrongful death attorney will gather evidence to prove this link and hold the responsible party accountable.

Damages 

To succeed in a wrongful death claim, you must demonstrate that the death caused various losses, such as: 

  • Funeral and burial costs, 
  • Loss of financial support, 
  • Loss of companionship, and 
  • Loss of consortium. 

While you have the right to compensation, proving these elements can be challenging, especially if you are grieving the loss of a loved one. Fortunately, Long Beach accident lawyers can guide you through the legal process, allowing you and your family to focus on healing.

Who Can File a Wrongful Death or Survival Action in Long Beach, CA?

California law grants specific individuals the right to file a wrongful death lawsuit to seek justice, hold the responsible party accountable, and recover compensation for the profound emotional and financial impact of their loss.

Under California Civil Code Section 377.60, the following parties are eligible to file a wrongful death claim: 

  • The surviving spouse or domestic partner 
  • The deceased’s children 
  • The victim’s parents 
  • The victim’s siblings 

If no immediate family members are available, individuals entitled to inherit under California’s intestate succession laws may be eligible to file a wrongful death claim, provided they have the necessary legal documentation.

The Types of Compensation Available in Wrongful Death Cases 

When filing a wrongful death claim, understanding the types of compensation available is crucial. They generally fall into three categories: 

Economic Losses 

Economic damages include all measurable financial losses related to your loved one’s death. These might include:

  • Immediate expenses such as medical bills, funeral costs, and legal fees. 
  • Lost income based on what your loved one would have earned over their lifetime, ensuring their family is financially secure.
  • Basic living costs like mortgage payments and regular household bills, to help maintain financial stability following the loss. 

These tangible damages ensure that your family can focus on adjusting to life after the loss without additional financial stress. 

Non-economic Losses 

Non-economic losses compensate for intangible pain and suffering that cannot be measured in dollar amounts. This category includes:

  • Emotional pain, grief, and mental anguish. 
  • Loss of companionship or guidance of a loved one. 
  • Loss of consortium, which refers to the unique relationship between spouses or domestic partners. 

While these damages can be harder to quantify, they represent the immeasurable impact of a loved one’s absence. A skilled Long Beach wrongful death attorney will help articulate the depth of this pain to ensure your loss is fully recognized. 

Punitive Damages 

While not as common, punitive damages may be awarded when the responsible party’s actions go beyond negligence and demonstrate reckless or intentional misconduct. For example:

  • A car accident caused by a driver live-streaming while driving, blatantly disregarding safety. 
  • A case where an employer knowingly ignored dangerous workplace conditions. 

Punitive damages are meant to deter others from engaging in similar recklessness and to uphold justice by penalizing actions that show willful disregard for human life. 

What Is Survival Action, and Can I File One with a Wrongful Death Case?

In addition to wrongful death claims, the deceased’s estate can file a survival action through an appointed representative. 

Survival actions allow the estate to recover damages the victim would have been entitled to if they had lived, such as medical expenses, lost income, and other related costs. 

For example, if a family member was in a serious pedestrian crash, suffered severe head injuries, and spent months in the hospital before passing away, you could file a survival action. This claim can cover medical bills, lost wages, and property damage caused by the collision. 

A survival action focuses on the damages the deceased suffered before their death.

Who Is Allowed to File a Survival Action?

In a survival action, eligible estate representatives may include: 

  • The victim’s attorney, who managed their legal matters 
  • An accountant familiar with their financial affairs 
  • A personal friend entrusted with their final wishes 
  • A family member designated to act on their behalf 
  • An individual named in the deceased’s trust or will to ensure their wishes are honored 

Are There Deadlines for Filing Survival Action and Wrongful Death Claims?

In California, strict deadlines set by the statute of limitations dictate when wrongful death and survival action claims must be filed. Meeting these deadlines is crucial to ensure cases are supported by timely evidence.

  • For wrongful death claims, family members usually have two years from the date of death to file. However, factors like government involvement may change this timeframe.
  • Survival actions must be filed within two years from the wrongful act or six months from the deceased’s death, whichever is later. These deadlines give personal representatives or successors time to act but impose strict limits to protect the case’s integrity.

Wrongful death and survival actions are more complex than standard personal injury claims. They address not only compensation for the family’s loss but also the deceased’s pain, suffering, and damages. This complexity makes the process challenging, especially with critical deadlines to meet.

This is why partnering with experienced Long Beach wrongful death attorneys can help you ensure deadlines are met and legal complexities are managed, so you can focus on honoring your loved one while seeking justice for their loss.

What to Do After a Fatal Long Beach Accident

Losing someone you love in a sudden accident is one of life’s most painful experiences. In the midst of grief, it can be difficult to know what to do next or where to turn for help. Taking the right steps early on can help protect your family’s rights and ensure your loved one’s memory is honored with care and dignity.

Here are some important actions to consider after a fatal accident in Long Beach:

  1. Contact the Long Beach Police Department.
    Report the incident immediately so authorities can investigate and document what happened. You can later request a copy of the official accident report from the Long Beach Police Department’s Records Division.
  2. Obtain Medical or Emergency Records.
    If your loved one received emergency care, request documentation from Long Beach Memorial Medical Center or the hospital where they were treated. These records can provide critical details about the injuries and medical response.
     www.memorialcare.org
  3. Request Official Reports for Fatal Accidents.
    The Los Angeles County Coroner’s Office provides reports that explain the cause and manner of death. These documents are often necessary for legal and insurance purposes.
  4. Reach Out to a Long Beach Wrongful Death Attorney.
     An experienced Long Beach accident lawyer can help your family manage the legal process, from collecting reports and witness statements to filing a wrongful death claim. Having legal guidance allows you to focus on healing while your attorney handles the details.

Moving Forward with a Long Beach Wrongful Death Lawyer 

It’s understandable if you feel hesitant or overwhelmed about pursuing legal action. Know you are not alone in this process. A compassionate and knowledgeable Long Beach wrongful death attorney can guide your family through every step, offering support while aggressively pursuing justice on your behalf. 

At The Law Offices of Larry H. Parker, our Long Beach accident lawyers are committed to helping families get the compensation they deserve while holding negligent parties accountable. With extensive experience in wrongful death cases, we are here to assess your claim and provide fierce advocacy. We believe you should never have to settle for less than what’s right. 

You Are Not Alone 

The loss of a loved one is devastating, but help and support are readily available. If you believe the death of your loved one could have been prevented, talk to our experienced Long Beach accident lawyer today. 

With a no-cost, no-obligation consultation, we can discuss your case in detail and help you make decisions with confidence. 

Call us now at 800-333-0000 or fill out our contact form to get started.

Every accident case is unique. Talk to our car accident attorneys today for a free consultation.

What Our Clients Say About Us

No other wrongful death lawyer will fight for you as passionately as we will, even though many may take on your case and prepare a legal defense. As proved by our previous clients, our lawyers are extraordinarily well-equipped to put up a claim without making any mistakes:

“Great job. Got good compensation and service. I always refer to friends and family.” –Alex Adams.

Frequently Asked Questions About Personal Injury Claims 

Need to learn more about wrongful death claims? We want to help you! Here are common questions injured victims ask, which may clarify various aspects of your case.

References

California Civil Code Section 377.60. (n.d.). California Public Law. https://california.public.law/codes/ca_civ_proc_code_section_377.60

Code of Civil Procedure – CCP PART 2. OF CIVIL ACTIONS [307 – 1062.34]. (n.d.). California Legislative Information. https://leginfo.legislature.ca.gov/faces/codes_displaySection.xhtml?lawCode=CCP&sectionNum=335.1

Understanding Negligence and Intentional Torts: A Citizen’s Guide to Civil Wrongs. (n.d.). govfacts.org. https://govfacts.org/explainer/understanding-negligence-and-intentional-torts-a-citizens-guide-to-civil-wrongs/