What is the Average Wrongful Death Settlement in California?

A wrongful death action is considered a personal injury claim in the state of California. According to the California Code of Civil Procedure 377.60, the victim’s surviving family members can pursue financial compensation for the damages they’ve sustained as a result of the victim’s death.

Wrongful death lawsuits are often filed alongside survival actions. 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.

Wrongful death settlements will largely be determined by the severity of medical bills, financial losses, and damages involved in wrongful death and survival action lawsuits.

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 and will transfer these assets 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 include:

• Medical expenses
• Pain and suffering the decedent suffered
• Lost wages between the period they were injured and the time of their death

What Goes into Calculating a Wrongful Death Settlement in California?

A wrongful death settlement or verdict 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 usually 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

It is important to know that a survival action claim is the only way to sue for punitive damages. These damages are not available under a wrongful death lawsuit. 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.

Who Can Sue for a Wrongful Death in California?

An essential factor of wrongful death 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.

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:

1. 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.
2. 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.
3. 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.
4. Damages: The plaintiff must be able to prove they suffered damages due to the loss of their loved one.

Get Legal Help With Your California Wrongful Death Lawsuit

Some claims may be easy to handle on your own, however, a wrongful death claim is not considered one of them. Even if your case seems straightforward, getting an accurate settlement for all of your damages requires expert legal help. For experience in exercising California’s complex wrongful death laws, Maison Law is here to help you navigate the legal process and ensure you receive the maximum amount of compensation you’re entitled to.

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.