The loss of a family member in an accident can be one of the most emotionally devastating losses a person can endure. The tragedy is especially difficult to accept knowing the fatal accident was caused by a government entity and could have been prevented with adequate safety precautions.
In short, yes, the government in California can be held liable for a wrongful death. However, when it comes to suing the government, there are requirements that are different from those found in a typical wrongful death case. The following article explains what you need to know when bringing a wrongful death claim against a state or local government entity in California.
Filing a Claim Against the Government in California for a Wrongful Death
Before you can sue a public entity in California for a wrongful death, you must first file a claim with the government entity you intend to sue that meets the requirements of the California Tort Claims Act. This is covered in California Government Code 810-996.6. These laws apply specifically to public entities such as:
- State government
- County agencies and departments
- Local government agencies
- Government employees
If you are filing a wrongful death claim against a local government entity, you can file a claim directly with the governing board or clerk. Many local departments have their own claim form for you to fill out, accessible at their offices or online.
To file a claim against California state agencies or employees you will need to go to the California Department of General Services, Office of Risk Management. This site allows for any person to file a government claim to receive compensation for damages caused by the state of California.
If the agency you are suing does not have a claim form, you still have options. Under these circumstances, you can draft your own wrongful death claim. Your written, wrongful death claim must include the following:
- Your name and address
- Address where you’d like to receive notice
- Date, location, and circumstances surrounding the wrongful death
- A general description of damages caused by the wrongful death
- The name of the employee (if applicable) or agency that caused the wrongful death
- The dollar amount you are claiming
- If you are claiming more than $10,000 you must state if your lawsuit will be considered a limited case (less than $35,000) or an unlimited case (a demand for more than $35,000).
Government Agencies Have Sovereign Immunity
Filing a claim against a government entity can be challenging because of certain regulations, but it is possible to recover damages. One major difference from typical claims is that the family of a wrongful death victim only has 6 months to file a claim against a government agency, as opposed to 2 years for a non-government claim.
A government entity also has more ways to deny your claim through sovereign immunity.” Sovereign immunity is when a government entity is not liable for injuries caused by the government entity or its employees as they are fulfilling their duty. However, the government is not allowed to declare sovereign immunity anytime they are at fault. The California Tort Claims Act gives exceptions in which the government can be held liable for damages in cases of excessive carelessness, or corruption.
What is the Litigation Process for a Wrongful Death Claim Against the Government
The litigation process for wrongful death claims against the government in California can be complex. Here are the following processes you can expect from a government personal injury case:
- Filing a lawsuit: Your attorney will file a legal complaint in court. This complaint outlines the facts of the case, the basis of the claim, and the damages you seek. A form of the complaint must also be delivered to the defendant.
- Discovery phase: Both parties will exchange information through discovery, which includes:
- Depositions
- Interrogatories
- Speaking with expert witnesses
- Pre-trial motions and settlement discussions: Attorneys may file pre-trial motions to resolve certain disagreements before the trial. Mediation or arbitration may occur to provide an alternative resolution without taking up the court’s time.
- Trial: If the case goes to trial, both sides will present their evidence to a judge or jury. This process includes:
- Opening statements
- Witness testimony
- Cross-examination
- Closing arguments
- Verdict: After both sides have presented their arguments and evidence, a verdict will be reached by the judge or jury. If the court rules in your favor, the judgment will specify the amount of compensation you are set to receive.
- Appeals: The losing party may file a post-trial motion for an appeal to the ruling. If enough legal errors are found in the original case, then a higher court can appeal the ruling.
Who Can Sue the Government in California for a Wrongful Death?
An essential factor of wrongful death claims against the government is knowing the legal requirements of who can sue. Typically, this right is reserved for immediate family members because they are the ones most affected by the untimely 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.
What Damages Can You Sue the Government in California for in a Wrongful Death Lawsuit?
A wrongful death settlement or verdict with the California government typically covers damages endured by the decedent and their family. These damages are thoroughly considered when determining the outcome and compensation of a wrongful death lawsuit. Wrongful death damages typically 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
- 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 the government’s careless actions or formation of a hazardous condition, Maison Law can help you through this difficult time. Our wrongful death attorneys are experts in Tort Law and will protect your right to compensation from any federal, state, or local government entity. We understand that no amount of money can replace the loss of a loved one, but there are legal procedures put in place to ease the financial burden of an untimely death. For all your legal questions and concerns, contact Maison Law today. There are no upfront charges or hidden costs for our services, and you will not be charged a dime until we’ve won your case.
