After a fatal accident, the decedent’s family can file a wrongful death claim, as well as a survival action claim to receive damages. In a wrongful death claim, there are 4 types of damages the victim’s family can receive. These include:
- Burial and funeral expenses
- The decedent’s lost income and financial support
- Pain and suffering
- Loss of consortium
Survival action is oftentimes filed along with a wrongful death claim because it claims damages the victim suffered before their death. Survival action damages normally include:
- Medical expenses the decedent incurred because of the wrongful.
- Damage to the decedent’s property during the wrongful act
- Wages the decedent lost between the wrongful act and the date of death
- Non-economic losses such as:
- Pain and suffering
- Loss of enjoyment of life
- Disfigurement
Are Punitive Damages Available in a California Wrongful Death Lawsuit?
In most cases, punitive damages are not available in a wrongful death lawsuit in California, even if the liable party was extremely reckless. The only exception to claiming punitive damages in a wrongful death claim would be if the death was a result of a felony homicide. The liable party in this situation, however, must be convicted of the offense before a wrongful death claim can be filed.
Punitive damages can be claimed by filing a survival action claim. For punitive damages to be rewarded in a survival action claim, the decedent’s death must be a result of another person’s intentional actions to do harm, or from extreme recklessness. An example of this in the context of a car accident would be drunk driving or road rage.
Proving Wrongful Death in California
When dealing with a wrongful death, it is not always easy to prove fault, but it is an essential part of receiving damages after an untimely loss. In some instances, there are multiple parties involved, which further complicates who you can sue for damages. In these situations, California uses the legal term “Comparative Negligence” to divide blame amongst multiple “at-fault” parties as stated in 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.
Who Can File a Wrongful Death Lawsuit?
An important factor of a wrongful death claim is knowing who can 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.
How Much Time Do I Have to File a Wrongful Death Lawsuit in California?
According to the Statute of Limitations in California, you have two years from the day you lost your loved one to file a wrongful death claim. However, there are some exceptions. For example, if a government vehicle ran a red light and caused the death of your loved one. You would have six months, instead of two years to file a wrongful death claim.
Another exception would be the “discovery rule.” This rule delays the statute of limitations if you could not have reasonably known about the wrongful death right away. For example, let’s say a truck committed an illegal U-turn, causing a motorcyclist in the approaching lane of traffic to have to hit their brakes so hard that they lost control of the bike. The motorcyclist suffers a brain injury, but the injury isn’t fatal until years later. The discovery rule says that the two-year clock does not start running until the day the cause of their death is discovered.
Contact a Wrongful Death Lawyer in California
If you’ve lost a loved one due to the careless acts of another or a hazardous condition, the wrongful death attorneys at Maison Law are here to help you through this difficult time. 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.
