GET YOUR FREE CONSULTATION

Elements of a California Wrongful Death Suit

Frank • April 26, 2013

Visiting a Love Ones — Roseville, CA — Frank Penney Injury Lawyers

Read the blog from Frank Penney Injury Lawyers in Roseville, CA below.

In order for a wrongful death suit to be successful, there are certain elements that need to be present. It is important for the surviving family to understand all of these elements before pursuing a wrongful death lawsuit in California.

Element 1: Did the Wrongful Death of a Human Being Occur?

The answer to this question must be yes. A death had to have occurred and must be proven to have been caused directly by the actions of someone else, and not another cause. The death must also be proven beyond a reasonable doubt.

Element 2: Did a Willful or Negligent Act Cause the Wrongful Death?

The act must be proven to have been negligent, reckless, willful, or intentional. An example may be a driver that rear-ended and killed someone while being distracted by a cell phone.

Common causes of wrongful death claims include:

Medical malpractice
Car or other motor vehicle accidents
Criminal actions (stabbings, shootings, blatant violence)
Occupational hazards and exposure (such as asbestos)
Supervised activities (field trips, school, daycare)

Element 3: Has a Loss Been Suffered by the Survivor?

The loss of income or monetary support provided is the most common and provable type of loss. The loss of the deceased’s income would cause grave financial hardship on the surviving family. In addition to damages caused by financial loss, the surviving party could also get awarded losses related to:

Loss of love/affection
Loss of physical support- Physical help can be assigned a dollar value. If the deceased provided all of the yard work, for example, a landscaper may need to be hired now.
Funeral or burial costs
Loss of a caretaker, protection, guidance, inheritance, etc

Typically, punitive damages are not awarded unless the defendant is convicted of felony murder that is connected to the victim’s death. Additionally, medical bills are typically not recovered but can be pursued under a separate survival action claim.

Element 4: Statute of Limitations

In the State of California, a wrongful death claim must be filed within two years from the date the death occurred.

If you have suffered the loss of a loved one and meet all of the above criteria, you may have the means to file a claim. Contact Sacramento wrongful death attorney Frank Penney for a free consultation.

< Older Post

Newer Post >

No Fee Guarantee!

Our legal team understands that life can be very stressful after an accident of any type. The financial costs of your accident can add to that stress. When you are asking for help, this should make your life easier – not more difficult. That is why you do not have to worry about any upfront legal fees and expenses when you hire Frank Penney Injury Lawyers to handle your California personal injury case.

At Frank Penney Injury Lawyers, Frank Penney and his staff work on a contingency basis. This means you only have to pay a fee if you win your case. We will never charge a fee unless we obtain a settlement on your behalf. No win. No fee. Case closed.

This means there is no risk in asking Frank Penney Injury Lawyers for help. You get to benefit from Frank Penney’s years of experience, knowledge, and success without needing to stress about the cost. Call today to set up a free initial case assessment or to learn more.

When I first contacted the Law Offices of Frank D. Penney after my accident, I was frustrated with car insurance companies, and medical insurance companies; after all, I was in pain. He and his staff put me at ease instantly! It was such a relief to have someone working on MY BEHALF! They were able to settle my case for more than I initially thought it was worth. THANKS AGAIN!!!

- KRISTA H.

Why Choose Us?

If You Don’t Win, You Don’t Pay
Free Case Evaluations
Over 25 Years of Experience

Compassionate and Caring
Highly Rated Reviews
Proven Track Record

24/7 Availability
Quick Response Time
And More

Our Recent Blog Posts

Motorcyclist Killed in Tragic Crash with Tesla on SR-32 Near Sacramento Ave in Willows

By Frank Penney • March 4, 2025

A tragic accident on State Route 32 claimed the life of a motorcyclist on Sunday evening. The crash happened around 6:30 p.m. near Sacramento Avenue when a 40-year-old Hamilton City man driving a 2022 Tesla attempted to make a left turn. At the same time, a 43-year-old man from Forest Ranch was riding his 2022 Harley Davidson eastbound on SR-32. The Tesla driver, failing to see the oncoming motorcycle, turned directly into its path, causing a devastating collision. The impact sent the motorcyclist forward, where he struck a stop sign before being ejected from his bike. Sadly, he did not survive his injuries. The Tesla driver remained at the scene, and authorities do not believe drugs or alcohol played a role in the crash. The identities of those involved have not yet been released. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Motorcyclist Killed in Tragic Bay Bridge Hit-and-Run Crash in California

By Frank Penney • March 4, 2025

A motorcyclist lost his life in a devastating crash on the San Francisco-Oakland Bay Bridge Friday afternoon, according to the California Highway Patrol. The accident happened around 2:11 p.m. on eastbound Interstate 80, just west of the bridge's toll plaza. The 30-year-old rider was traveling on a Triumph motorcycle when he collided with a Toyota Corolla. The impact threw him from his bike, leaving him vulnerable in one of the traffic lanes. Moments later, another vehicle struck him and fled the scene without stopping. Meanwhile, the Toyota driver remained at the crash site and cooperated with authorities. Emergency responders arrived quickly, but the motorcyclist was pronounced dead at 2:35 p.m. His identity has not yet been released, and the Alameda County Coroner’s Office will determine the official cause of death. Police continue to investigate the hit-and-run, urging anyone with information to come forward. Experience unparalleled legal representation with Frank Penney Injury Law , the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

Tragic Car Crash Claims Life of Lodi High School Student in Sacramento County

By Frank Penney • February 27, 2025

A devastating car accident in Sacramento County claimed the life of a high school student on Sunday evening. According to the California Highway Patrol, the crash occurred around 7 p.m. on Twin Cities Road, just west of Alta Mesa Road. The teen driver lost control of the vehicle, slammed on the brakes, and flipped over before crashing into a tree. Tragically, the impact impaled the young driver, who was rushed to the hospital but did not survive. Authorities have not yet released the student's identity, but Lodi High School confirmed the loss in a heartfelt statement on Monday. "It is with profound sadness that we inform you of the tragic loss of one of our students who passed away yesterday,” the school shared. “Our hearts go out to the family and friends affected by this loss. We know this will create a deep void in the lives of many.” A passenger in the vehicle sustained lacerations and was also transported to a local hospital, though their current condition remains unknown. Investigators do not believe drugs or alcohol played a role in the crash, but the incident is still under investigation. Experience unparalleled legal representation with Frank Penney Injury Law, the esteemed recipients of the CAOC Trial Attorney of the Year award. With over two decades of dedicated service, our team has consistently delivered record-setting results for accident victims in Northern, Central, and Southern California. Enjoy peace of mind with our no upfront fees policy. Contact us today at 888-888-0566 or through our website www.penneylaw.com for a FREE consultation. Frank Penney Injury Lawyers does not represent any of the parties mentioned above. Nevertheless, we sympathize with the victim and their families in this time of crisis.

24/7 Availability – Reach Us by Phone, Email, Chat and More!

If you are involved in any type of personal injury due to the fault of someone else, our experienced team at Frank Penney Injury Lawyers in Roseville, CA can help. We are available to anyone in Northern California 24/7! Give us a call today to learn more at 888-888-0566. We will fight for your rights!