Losing a spouse, a child, or a beloved family member can be a painful experience. California permits family members, or other specified parties in certain situations, to file a wrongful death lawsuit if a loved one has been the victim of wrongdoing leading to an untimely death.
When a loved one who worked to support their family dies, a family is left without resources to survive. By filing a wrongful death claim, families can not only find closure from the “at fault” party but also get the financial support needed to help them get through a tragedy without additional hardship. If your family has been burdened by the untimely loss of a loved one, it is recommended to speak with a wrongful death attorney about your legal options.
Understanding Wrongful Death Claims in California
Under the California Code of Civil Procedure, the surviving family members or the estate of the decedent has the right to sue for damages if a wrongful act or carelessness caused the death. The types of incidents where families typically have a wrongful death claim include:
- Car accidents
- Truck accidents
- Motorcycle accidents
- Pedestrian accidents
- Premises liability
Another essential factor of wrongful death claims is knowing the legal requirements of who is permitted to file the lawsuit. Typically, this right is reserved for immediate family members because they are the ones most affected by the loss. However, in California, several other people are allowed to file suit, according to the Code of Civil Procedure, section 377.60. The eligible members include:
- Surviving spouses
- Domestic partners
- Children
- Grandchildren (only if the deceased person’s children have also passed away
- Stepchildren may claim damages if they were at least 50% dependent on the decedent’s financial support
- Dependent minor living in the household
- The next of kin
- Anyone entitled to the deceased’s property under intestate succession law
If the deceased had no surviving children, parents, or spouse, then those close to the deceased may qualify to file a wrongful death claim. It is important to note that California recently passed Senate Bill 447. This wrongful death law affects the types of damages a victim’s estate can recover in survival action.
Survival action is any personal injury claim the deceased filed or could have filed before their death. This action temporarily allows a survival action to be brought by the victim’s estate to recover non-economic damages. These damages are paid to the victim’s estate and disbursed to the victim’s heirs.
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 Impacts Wrongful Death Compensation in California?
Wrongful death compensation in California varies based on a number of factors, but the main determining factor is the severity of damages you’ve been forced to endure due to the loss of a loved one. Some damages, such as economic damages can be calculated to a specific dollar amount. These include:
- Funeral and burial expenses: cover the costs associated with saying goodbye to a loved one
- Loss of financial support: compensation for the loss of income provided before the untimely loss of a loved one
- Cost of medical treatment: this applies if your loved one received medical treatment before their unfortunate passing
Non-economic involves placing value on intangible losses, so it is difficult to calculate a specific dollar amount. These damages include:
- Emotional distress and support: compensation for the psychological and emotional toll a loss can have on the surviving family members
- Pain and suffering: if the decedent was exposed to pain and injuries before their untimely death, your family can seek compensation for what they had to endure
- Loss of consortium: this covers the loss of love and companionship you and your family have lost
Contact a Wrongful Death Lawyer in California
If you’ve lost a loved one due to another person’s careless actions or a hazardous condition, the wrongful death attorneys at Maison Law are here to give you and your family the attention you need to help you get through this difficult time. Our firm understands how traumatic and overwhelming the sudden loss of a loved one can be. The road to recovery may seem difficult, or even impossible, but it doesn’t have to be. Our wrongful death attorneys are standing by to handle all your legal matters and ease your financial concerns. Contact Maison Law today for a free consultation and case evaluation. There are no upfront fees for our services and you don’t pay a dime until your case is won.
