No grandparent can ever imagine a world where they lose a grandchild. But when another person is careless or intentionally reckless, this unthinkable scenario can become a grim reality. Although no amount of compensation can replace the loss of a grandchild, filing a wrongful death claim against the party responsible can ease the financial burden of this horrific situation. For more information, contact Maison Law today for a free consultation to discuss your legal options.
When Can a Grandparent File a Wrongful Death Lawsuit?
Grandparents are not usually able to file a wrongful death lawsuit, but if they were financially dependent on the decedent, then they can file a wrongful death lawsuit. Typically, only the immediate family is eligible to file a wrongful death lawsuit, but eligibility is open to individuals who were financially dependent on the decedent.
Grandparents can also be eligible to file a wrongful death lawsuit for their grandchild if they were appointed as executors of their grandchild’s estate. However, wrongful death damages are only distributed to the immediate family, while the executor of the estate is entitled to survival action damages.
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.
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.
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. Executors ensure all assets in the will are accounted for an transfer these assist to the correct beneficiary.
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
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 damages include:
- Medical expenses
- Pain and suffering the decedent suffered
- Lost wages between the period they were injured and the time of their death
Who Can File a Wrongful Death Lawsuit
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
What Factors Influence a Wrongful Death Settlement?
Settlement amounts in California vary based on a number of factors, but the main determining factor is the degree of fault by the “at-fault” party. The settlement is also dependent upon the details of your case and factors such as:
- The age and earning potential of the victim: the lost income is reached by combining the victim’s life expectancy and their earning potential had it not been for the fatal accident.
- Whether or not the victim was partially responsible: California is a “shared fault” state and the victim can be assigned blame for their death, reducing the amount of compensation.
- Insurance policy limits of the at-fault party: drivers are required to have insurance and most do. However, most car insurance policies have caps. So, if the cap is met, then you’ll have to resort to other alternatives for compensation.
Contact a California Wrongful Death Lawyer
If you’re a grandparent who has lost a grandchild due to the careless acts of another, the Wrongful Death Attorneys at Maison Law are here to help you through this difficult time. Contact Maison Law today for a free, confidential consultation. We work on a contingency fee basis, which means you won’t pay any legal fees unless we recover compensation for you.
