Under Section 377.60 of the California Code of Civil Procedure, a wrongful death cause of action exists for eligible individuals when someone they’re related to dies due to the wrongful act of another. In other words, individuals closely related to a decedent can sue the person who caused that decedent’s death.
Who Can Sue for Wrongful Death in California?
Only those related or closely associated with the deceased can sue for wrongful death. This includes the deceased’s:
- Spouse or domestic partner
- Children, including stepchildren
- Parents
- Dependent minors living in the deceased household
- Personal representative
- Heirs who would be entitled to the deceased’s property if the deceased had no will.
Recoverable Damages in a Wrongful Death Action
Eligible parties can potentially recover the following damages:
- Loss of inheritance
- Loss of financial support provided by the deceased
- Loss of the deceased’s household services
- Loss of consortium
- Loss of the deceased’s care, affection, and guidance.
- Funeral and burial costs
- Medical expenses of the deceased
- Estate settlement costs and fees
There’s generally no limit to the amount of damages potentially recoverable through a wrongful death lawsuit. One exception is medical malpractice, where the wrongful death damage cap is about $500,000.
What’s the Difference Between a Wrongful Death and a Survival Action?
A survival action is a legal cause of action that the deceased’s estate can bring on the deceased’s behalf for the harms or damages the deceased suffered before they died. One of the reasons survival actions exist is to prevent a defendant from getting away with paying less money in damages simply because someone died and lost their right to sue for their personal injuries.
In contrast, a wrongful death action is a legal action to compensate the survivors connected with the deceased for their damages and harms suffered.
In summary, a survival action exists to obtain compensation on behalf of the deceased. A wrongful death action exists to obtain compensation on behalf of those still living.
Talk to a California Wrongful Death Lawyer from Maison Law
Losing a loved one is tragic enough, and comes with its own set of emotional and daily challenges. Also having to worry about the financial consequences feels like someone is running salt in an already agonizing wound. While Maison Law can’t bring your loved one back, we can help you get compensation for your loss.
Wrongful death actions tend to be more complicated than some other personal injury claims, so it helps to have a lawyer on your side through this recovery process. To find out how we can help, contact us to schedule a free, no-obligation consultation today. You don’t pay us anything unless we settle or win your case.
