The California Code of Civil Procedure 377.60 refers to the primary statute that covers wrongful death actions in California. This statute allows eligible survivors to recover damages for their own losses. This code differs from “survival action” (CCP 377.30), which pursues claims for the benefits the deceased would have contributed before their death. A wrongful death claim (CCP 377.60) compensates the decedent’s surviving loved ones for how their lives were altered due to the death itself.
Who Can File a Wrongful Death Claim in California
According to California Code of Civil Procedure 377.60, the following individuals may file a wrongful death lawsuit:
- The deceased person’s spouse or domestic partner
- Children of the deceased, including stepchildren
- Parents of the deceased
- Dependent minors living in the deceased person’s household
- The deceased’s personal representative
- People who would be entitled to the property of the decedent if they did not create a will
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim.
Are Damages Different Between Wrongful Death & Survival Action?
While there are similarities between wrongful death and survival action, damages for wrongful death claims can typically only be filed by the surviving spouse, children of the deceased, parents of the deceased, or any other person permitted by law. The types of damages that can be claimed in a wrongful death claim include:
- Loss of household services once provided by the deceased
- Loss of consortium damages for a spouse or domestic partner
- Loss of guidance, care, nurturing, and affection provided by the deceased
- Loss of financial support provided by the deceased
- Loss of inheritance caused by the wrongful death
Survival actions are typically brought forth by the executor of the deceased person’s estate. An executor of an estate is an individual appointed to administer the law will of a deceased person and carry out instructions to manage the affairs. A survival action will provide compensation for matters directly related to the injuries sustained by the deceased up until the time of their death. These include:
- Medical expenses
- Pain and suffering the decedent suffered
- Lost wages between the period they were injured and the time of their death
Proving Wrongful Death in California
When dealing with a wrongful death scenario, it is not always easy to prove fault. In some instances, there are multiple parties involved, as well as comparative negligence. Comparative negligence is when blame is divided amongst multiple “at-fault” parties, as stated within California’s Comparative Negligence Law. Regardless of how many parties are involved, if you can prove someone else’s negligence caused the death of your loved one, you will most likely have a case. The following are four elements of evidence necessary to prove fault in a wrongful death case:
- Had an obligation to act with reasonable care: For example, if a person is driving a car or a truck they are expected to follow traffic laws, as well as be aware of other drivers on the road.
- Breached their “duty of care:” The plaintiff must demonstrate they were owed a duty of care by the person at fault. For example, in a fatal motorcycle accident, the duty of care would have been ignored if another car broke a traffic law and was driving dangerously before the collision.
- Acted careless or reckless: If the defendant failed to act with a duty of care and caused another’s death, the plaintiff must prove the other’s careless or reckless actions resulted in the loss of their loved one.
- Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.
What is the Most You Can Sue for Wrongful Death?
When it comes to wrongful death claims in California, there is generally no cap on the amount you can receive for wrongful death damages. The only exception is medical malpractice. A wrongful death caused by medical malpractice is capped at around $500,000 after Governor Gavin Newsom signed AB 35 in 2022.
Other than medical malpractice, wrongful death compensation will be determined between defense and plaintiff lawyers or by a jury. The decision will ultimately be made based on the evidence at hand, the amount of damage done due to the loss of a loved one, and the extent of the insurance policy held by the liable party.
Contact a California Wrongful Death Lawyer
If you’ve lost a loved one due to the careless acts of another, a vehicle accident, or a hazardous condition, the Wrongful Death Attorneys at Maison Law are here to help families in California get through this difficult time.
We understand that no amount of money can replace the loss of a loved one, but we can take legal action against the liable party and ensure financial security for you and your family’s future. To start the legal process, contact Maison Law today, and our legal team will explain all your options and how we can help you get your life back on track.
