Wrongful death claims in California can be complex. This article provides a clear explanation of the law, who can file a claim, the types of damages you can recover, and the statute of limitations. If you’ve lost a loved one due to someone else’s negligence, contact GJEL Accident Attorneys for expert legal guidance.
Death “caused by the wrongful act or neglect of another”
The statute begins by specifying that the wrongful death cause of action arises only from deaths that result from the “wrongful act or neglect of another.” A wrongful act generally refers to an intentional act that causes death, such as a violent assault.
“Neglect” refers to the legal concept of negligence, in which a party breaches a legal duty of care and causes an accident. Examples of negligence can include medical errors, distracted driving, and similar careless acts. If an accident does not happen due to either negligence or an intentional act, there is no available legal action under the statute.
Who can File a Wrongful Death Claim in California?
The next large section of the statute carefully sets out who may be eligible to file a wrongful death claim in California. Simply put, the following survivors may have that right in certain circumstances:
- Spouses
- Registered domestic partners
- Children
- Parents
- Stepchildren or other minors who financially relied on the deceased person
- Other legal heirs of the deceased person’s estate
- The personal representative of the estate
The above list is a significantly simplified account of who can recover for wrongful death as the statute has many conditions and requirements for survivors to be eligible. You can read our full article on who can file a wrongful death claim in California here.
Damages that may be Awarded in a Death Settlement
The law then designates the specific types of damages a wrongful death action can seek. “Damages” refers to the losses for which a party is seeking compensation.
The law simply states that the damages must be “just” under the circumstances of the case and gives the court discretion to determine the rights of certain survivors to certain damages. Depending on your relationship with the deceased and the losses incurred, damages often include:
- Funeral and burial costs
- Loss of future income and financial support
- Loss of household services
- Loss of love and affection, as well as other types of emotional support
The law does prohibit wrongful death claimants from seeking damages for any losses that may be available in a “survival” action, which is a different type of claim brought after a person dies.
Joining with Survival Actions
Finally, the law addresses that, for the sake of convenience, a wrongful death action may be joined together with a survival action that is brought by the personal representative of the estate, so long as both claims result from the same wrongful or negligent act. This can save everyone involved time, energy, and money.
What is the Statute of Limitations in California?
In California, the statute of limitations is typically two years from the date of the accident. You can learn the details and nuances of the wrongful death statute of limitations through our article here.
Wrongful death claims in California can be complex. This article provides a clear explanation of the law, who can file a claim, the types of damages you can recover, and the statute of limitations. If you’ve lost a loved one due to someone else’s negligence, contact GJEL Accident Attorneys for expert legal guidance.
In California, wrongful death laws allow surviving family members or the deceased’s estate to sue for damages if someone died due to another’s negligence, recklessness, or intent.
The law is set out in the statute Code of Civil Procedure 377.60. Wrongful death claims are brought under the state’s survival statutes, which allow a decedent’s representative to bring an action for the decedent’s pain and suffering, medical expenses, and loss of earnings.
A settlement of the verdict could pay out damages for things like:
- Amounts the deceased had earned as income
- Funeral Expenses
- Pain and suffering
- Compensation for the deceased’s companion.
Loss of consortium is a legal claim that allows a family member to sue for damages when another person causes them harm. It is similar to a cause of actions for loss of services or loss of society and companionship.
Wrongful death suits are often coupled with survival causes of action under California Civil Code section 377.30. These survival causes of action are brought on behalf of a decedent’s estate to recover damages for the loss of the decedent’s life.
In California, punitive damages are not available for wrongful death lawsuits. Punitive damages are only available if you bring a survival cause of action, which allows you to sue for the loss of your loved one’s life.
What Is “Wrongful Death” in California?
A wrongful death lawsuit is brought by the surviving relatives of someone who died due to the legal fault of another. This is also commonly referred to as a wrongful death claim. If someone else was responsible for the death of the deceased person you may be able to bring a wrongful death action.
In this case, the defendant’s liability is expressed solely in terms of financial compensation (“damages”). Damages are ordered by the court and paid to the plaintiff(s) after the lawsuit is won.
The goal of this case is to make sure that the person who was responsible pays the family of the deceased. This case is different from a criminal trial because there is no punishment involved. Instead, the court awards monetary damages to the family of the deceased based on how much the defendant should pay them.
The lawyers at GJEL Accident Attorneys handle wrongful death cases to fight for the family of the deceased person but we do not handle medical malpractice cases.
How to Bring and Win a Wrongful Death Lawsuit in California
California Wrongful Death Law allows family members or the estate of a deceased individual to sue for damages when someone dies as a result of another person’s negligence. The law is codified in the Code of Civil Procedure 377-60. This is a wrongful death claim.
A settlement of verdict may pay damages for: burial and funeral expenses for the deceased, amounts the deceased would have earned had he lived, pain and suffering and disfigurement of the deceased, and compensation for the loss of the decedent’s companionship and support.
A wrongful death suit is frequently paired with a California “survival” cause of action under CCP §377.30. Survival actions are brought on behalf of the deceased person’s estates to compensate for losses suffered from the wrongful act. Punitive damages are not available in wrongful death lawsuits in California. Only survivors can bring a survival claim.
Wrongful death cases are brought by the decedent’s spouse or children. A wrongful death lawsuit must be filed within two years after the date of death. Damages include compensation for pain and suffering, medical expenses, lost earnings, loss of consortium, funeral costs, and other losses suffered by the decedent. In addition, punitive damages may be awarded if the defendant acted with malice or reckless disregard for the safety of others.
The wrongful Death Statute states that if someone dies due to negligence or carelessness, then the person who caused the death may be held liable.
California Wrongful Death Laws
Wrongful death laws allow a surviving family member of a deceased person to file wrongful death claims to receive compensation when someone causes the death of their loved ones, whether it was an act of negligence or malice.
A person convicted of a crime could also be found liable for wrongful deaths caused by their actions. However, the standard of proof in wrongful death cases is lower than it is in criminal cases.
This means that even if you’re found guilty of murder or manslaughter, you might still be found liable for the wrongful death of your victim. A California personal injury attorney can help you seek punitive damages.
California Wrongful Death Laws at a Glance
Only spouses, domestic partners, children, and issues may file wrongful death claims. Spouses and domestic partners must prove that they were married or domestic partners. Children must prove that they were born out of wedlock. Parents must prove that they were legally married.
California law says that when someone dies without leaving any heirs, their estate goes to their next of kin. This includes spouses, domestic partners, children, and grandchildren. In this case, the estate goes to the children of the deceased.
(B) A person who is married to someone else but believes he/she is married to the deceased may qualify as a beneficiary under this section. To be eligible, the person must prove that he/she believed in good faith that he/she was legally married to the decedent.
(c) A minor, regardless of age, who lived with the decedent for the last 180 days before the decedent’s date of death is considered a beneficiary under the decedent’s estate plan.
Elements of a Wrongful Death Case
Each wrongful death case has three factors that must be proven for the plaintiff’s lawsuit to be successful. These elements are:
- Death of an individual
- That death was the result of negligent or intentional harm
- The victim’s family suffers financial hardship as a result.
For a more comprehensive understanding of the elements of a wrongful death case, check out our full article here.
Who Can File a Wrongful Death Claim In California?
Wrongful death lawsuits are filed by survivors of someone killed by another person. A wrongful death lawsuit can be filed by the decedent’s spouse or domestic partner.
It can also be filed by the de- event’s children or the grandchild of any deceased child of the decedent. If the decedent had no surviving relatives, then anyone who would inherit the decedent’s estate can bring a wrongful death lawsuit.
To understand if you might be eligible to file a wrongful death lawsuit read this.
What Do You Get By Filing a Wrongful Death Lawsuit?
Damages include compensation for pain and suffering, medical expenses, funeral costs, lost wages, loss of support, loss of consortium, and other related losses.
Wrongful death cases often involve the loss of financial support. In this case, the deceased was providing financial support to his family. This means that he would have provided money for his family in the future. Therefore, the jury should award the plaintiff 1 million dollars.
Loss of gifts or benefits that a person would have received from the deceased. Funeral and burial expenses, and the reasonable dollar value of housekeeping services that the deceased would have provided. Non-economic damages might include the following impact on the family member(ies) bringing the wrongful death suit, according to CAC I No. 3921:
- “Loss of Gifts or Benefits that the Deceased Would Have Received
- Funeral and Burial Expenses
- Housekeeping Services
- Non-Economic Damages
Loss of love, companionship, comfort, and care are the most common types of damages in a wrongful death case. Intimacy is lost when a person dies. Guidance is lost when someone dies.
Value of household services that the decedent would’ve provided. Loss of moral support is a big issue when dealing with a loved one who died. A survivor may feel guilty about what happened.
Factors that Influence a Wrongful Death Settlement in California
Wrongful Death Lawsuits in California can be worth millions if you win. A jury may award up to 3 million dollars per person killed. This amount can go even higher depending on the circumstances.
Age, number of minor children, and financial support are the three main factors that affect the value of a case. The older the victim, the more valuable the case. Children under 5 years old are worth less than those over 65. The amount of money the victim receives in support affects the value of the case. A higher income means a higher value. Accident circumstances also play a role in determining the value of a case, as does the type of injury sustained.
A person who dies without leaving any survivors should be considered as having contributed to the damages caused by their death. This means that the amount of compensation paid to the family could be reduced if there were no survivors. In this example, the fact that the deceased was almost 50% responsible for the accident makes the claim worth less than one where he left behind a surviving spouse.
Potential effect on wrongful death actions
SB 447 might also have a significant impact on wrongful death lawsuits. Plaintiffs’ estates, representatives, and heirs could potentially recover damages for the pain, suffering, and loss of enjoyment of the life of the deceased victim. This could significantly increase potential verdicts returned for plaintiffs between January 1, 2022, and January 1, 2026.
Wrongful death lawsuits allow families to seek compensation for the losses they have sustained due to the death of a loved one. These types of lawsuits are filed after the death of the person who died. Damages awarded go to the survivors of the deceased.
Insurance companies may raise rates to cover increased liability. Families and estates of those killed by negligence could receive full compensation.
Opponents of the law argue that it will make California an anti-business state. However, other states already allow families to sue for non-economic damages. California was one of the few states that didn’t allow such lawsuits. Now, California is joining the ranks of the rest of the country.
The surviving family members and estates will be given the chance to recover all of the losses they’ve suffered due to the actions of the defendants, but if the changes are made permanent, the remaining family members and estates of the deceased victims will be able to fully recover all of their losses. This means that the surviving family members and estate of the deceased victims may be better able to hold the defendant fully accountable for his/her actions while also recovering the compensation to which he/she should be entitled.
The Role of a Wrongful Death Attorney
A qualified California wrongful death lawyer has a team of experts who investigate the accident to determine the cause of the crash. The attorney hires consultants to conduct an independent inquiry into the accident to gather any necessary evidence for the victims’ families. The attorney evaluates all the evidence gathered by the police and the private investigator to begin building a wrongful death case.
A good attorney can show how valuable the victim was to the families left behind.
GJEL Accident Attorneys is a firm of California wrongful death lawyers who are focused on one thing. Helping you get through this difficult time. At GJEL we handle serious injury and personal injury lawsuits only.
Consult with our California Wrongful Death Lawyers for Help
As with any law, the wrongful death statute in California can be confusing.
At GJEL Accident Attorneys, we have extensive knowledge and understanding of all wrongful death laws and we can evaluate and handle your case with skill and experience. Call us today for a free consultation at 866-218-3776.
Our CA-based wrongful death attorneys are available 24/7 to help you with your case.
