It’s hard to imagine a worse scenario than losing a loved one to a sudden senseless death caused by the negligence of another. The pain, loss and devastation that a wrongful death inflicts on a family is impossible to make up for. Getting compensated for damages can at least make moving on and sorting out family life possible.
Wrongful Death Law in Bakersfield, CA
California Code of Civil Procedure 377.60 is meant to provide relief for the families of a loved one who died due to the wrongful act of another party. Families may claim compensation for damages caused by wrongful death which include economics losses: funeral expenses, medical expenses, lost future income, loss of expected services, gifts or benefits from the deceased. It also covers non-economic losses: protection, affection, loss of support, training or guidance, sexual relations, and companionship. These damages do not include “pain and suffering.”
In California, a family member cannot sue for punitive damages via wrongful death. For this reason, a wrongful death suit is often filed along with a Survival Cause of Action suit. The main point of a cause of action in this case is to make a claim for punitive damages based on the victim’s estate, as long as the victim lived for even a brief time after the incident, before their death. Additionally, California has a two-year statute of limitations for wrongful death, though related cause of action suits may only be filed for 6 months after the death of the plaintiff.
Who Can Sue for Wrongful Death?
The same code states that only certain family members may be eligible to sue for the wrongful death of a loved one. Spouses or established domestic partners, Children, grandchildren or step-children who were dependent of the deceased for 50% or more financial support, or other person who is legally entitled to property from the deceased based on California law. Damages are only recoverable for the reasonable life expectancy of the deceased outside of the incident or the plaintiff’s life expectancy at the time of the act.
What is a Wrongful Act?
The general basis for survivor claims related to wrongful death include recklessness, negligence, gross negligence or intentional wrongful act. The categories include acts such as:
- Motor-vehicle accidents such as vehicle vs vehicle or vehicle vs pedestrian
- Falling accidents, slipping, drowning
- Murder, manslaughter, assault and battery
- Malpractice, abuse or neglect
If your loved one died due to the negligent or intentional actions of another, you may be entitled to various damages. Wrongful death law in California can be complicated, and you’ll want to find a Bakersfield attorney who will simplify the process and fight for your family to be properly compensated. Losing a loved one is tough enough. Having to go through litigation while dealing with the fallout from loss can be too much. Don’t wait or go it alone. There is too much at stake and you need real help right now. The Maison Law Firm is here for you with compassion and determination to see your family build their new normal. Contact us right away to see what we can do for you.
