Wrongful Death Lawsuit in California
Losing a loved one is one of the most painful experiences any family can endure, but when that loss occurs due to someone else's negligence, the grief can feel even more overwhelming.
No amount of money can truly compensate for the life that was lost. However, California law, in its fairness, provides a pathway for certain individuals to seek justice and accountability through a wrongful death claim, empowering you to take action.
Depending on your relationship with the deceased, you may be eligible to file a claim under California law and recover compensation for the financial and emotional losses you've suffered.
However, proving such a claim can be a complex process. At the Injury Justice Law Firm, our California personal injury attorneys, with extensive experience navigating the complexities of wrongful death cases, are here to guide you through the legal process.
We ensure you receive the compensation to which you're entitled by law and provide you with the reassurance of professional support.
California Code of Civil Procedure 377.60 allows the family of a deceased victim (decedent) to sue the at-fault parties for wrongful death. You might be able to recover damages for the decedent's lost income and burial expenses.
These types of civil cases are similar to loss of consortium, which applies when a spouse is deprived of companionship and intimacy due to someone's wrongful act. The difference is that with loss of consortium, the spouse is still living.
A wrongful death suit is often accompanied by a 'survival' cause of action. In simple terms, survival cases are filed on behalf of the victim's estate to reimburse it for the compensatory damages suffered by the deceased victim as a result of the wrongful act.
Common Causes of Wrongful Death
Wrongful death occurs when someone loses their life due to the carelessness, recklessness, or intentional actions of another party. These tragic incidents can arise in a wide variety of circumstances. Some of the most common causes of wrongful death include:
- Motor Vehicle Accidents: Car, truck, and motorcycle accidents frequently result in fatalities, especially when caused by reckless driving, DUI, distracted driving, or speeding.
- Workplace Accidents: Job sites, especially construction zones or industrial workplaces, can be hazardous if safety protocols are not followed, leading to fatal accidents.
- Medical Malpractice: When a healthcare professional fails to meet the standard of care, for example, through misdiagnosis, surgical errors, or medication mistakes, it can lead to fatal outcomes.
- Defective Products: Dangerous or defective products, whether improperly designed or manufactured, can cause fatal injuries to consumers.
- Premises Liability Accidents: Fatal injuries can occur on unsafe premises, such as through slips and falls, pool drownings, or exposure to hazardous conditions.
Other causes of wrongful death include murder, manslaughter, elder abuse or neglect, and dog bites or maulings.
Simply put, wrongful death actions are appropriate no matter whether the killing was negligent, grossly negligent, reckless, or intentional. Heirs can even sue parties who may have been strictly liable for the death, such as product manufacturers.
Notably, heirs can sue someone for wrongful death even if that person is never charged or convicted of a related criminal charge.
Who Can File a Wrongful Death Claim?
Under California Code of Civil Procedure 377.60, only certain individuals are eligible to file a wrongful death claim. These typically include those who were closely related to the deceased or were financially dependent on them. The following parties are considered eligible to bring a wrongful death action:
- Immediate Family Members: These may include surviving spouses or domestic partners, as well as the deceased's children and grandchildren.
- Dependents of the Deceased: If no immediate family members exist, others who depended on the deceased for financial support may be eligible, such as parents or stepchildren.
- Heirs: Under certain circumstances, other heirs of the deceased, such as siblings or extended family members, may be entitled to file a claim. Determining eligibility can be complex, especially in blended families or situations where the deceased had no immediate relatives. However, consulting with an experienced attorney can bring clarity to these matters and empower you to proceed with a claim.
A wrongful death claim is designed to address both the tangible and intangible losses experienced by the surviving family members. It may include the following types of damages, giving you a clear understanding of the potential compensation you may receive.
Economic Damages
These cover measurable financial losses related to the death, such as:
- Funeral and burial expenses.
- Lost financial support (e.g., the income the deceased would have provided).
- Loss of inheritance or benefits, like pensions or health insurance.
- The reasonable value of household services the deceased would have provided.
It is fairly easy to calculate economic losses through financial records and receipts.
Non-Economic Damages
These are intended to compensate for the emotional and intangible harm caused by losing a loved one, such as:
- Loss of love, care, comfort, and companionship.
- Loss of guidance and nurturing, particularly for child survivors.
- Loss of moral support and sexual relations.
- Damages for the decedent's pain, suffering, or disfigurement.
Notably, there is no fixed standard for deciding the amount of non-economic damages in a California wrongful death case. Instead, the jury will consider the evidence presented, such as the relationship between the deceased and the claimant, the impact of the death on the claimant's life, and the circumstances of the death, to determine a reasonable amount based on common sense.
Punitive Damages
Although uncommon in wrongful death cases, punitive damages may be awarded if the death was caused by particularly egregious misconduct, such as extreme recklessness or intentional harm. Wrongful death settlements in California are typically paid out either as a lump sum or part of a structured settlement, with payments being made over time.
As discussed, the funds are intended to cover both economic losses (decedent's lost salary) and non-economic losses (loss of companionship).
The period for which these damages are recoverable is the shorter of the decedent's life expectancy at the time of the wrongful act, or the life expectancy of the plaintiff (heir) at the time of the wrongful act.
What is a Survival Action?
A California wrongful death lawsuit compensates the deceased person's surviving family members for their losses. In contrast, a survival action allows the heirs to sue on behalf of the deceased's estate for the following:
- Civil claims unrelated to the death and which the decedent had the right to sue for as of the date of death, or
- Civil claims for the injury that caused the death, as long as the decedent survived those injuries for at least some time.
Furthermore, potential plaintiffs in survival actions include not only heirs but also successors in interest. These are beneficiaries of the decedent's estate or pending lawsuits the decedent was involved in. Often, heirs are also successors in interest.
Notably, unlike wrongful death lawsuits, survival lawsuits can seek punitive damages; however, in reality, these two actions are often tried together when they are related to the same underlying wrongful act.
The Statute of Limitations
The statute of limitations for wrongful death in California is two years after the death. If the death was caused by medical malpractice, however, the statute of limitations is the earlier of one year from the death or three years after the malpractice occurred.
Notably, this time limit can be paused ("tolled") in medical malpractice cases involving fraud, intentional concealment, or the presence of foreign objects in the body.
For survival actions, the decedent's estate has a two-year time limit to sue from the later of the date of an injury, or six months after death. Your personal injury lawyer can help you determine which statute of limitations applies to your case.
Why You Need an Attorney
Wrongful death claims can be highly emotional, legally complex, and, at times, contentious.
Trying to handle such a matter on your own while grieving the loss of a loved one can feel overwhelming, and without proper knowledge of the law, you're less likely to prevail in your claim or to receive the amount of compensation for which you may be entitled.
For best results, consult with a skilled California wrongful death attorney to help you navigate the legal process and enforce your rights.
At the Injury Justice Law firm, we will investigate the incident thoroughly, determine your eligibility for a claim, determine how much compensation to ask for, and utilize skillful negotiation and litigation strategies as required to procure a settlement that properly compensates you for your losses. Contact our law firm, located in Los Angeles, for more information.
Related Content: