What is the Most You Can Sue for Wrongful Death in California?

When it comes to wrongful death claims in California, there is generally no cap on the amount you can receive for wrongful death damages. The only exception is medical malpractice. A wrongful death caused by medical malpractice is capped at around $500,000 after Governor Gavin Newsome signed AB 35 in 2022.

Other than medical malpractice, wrongful death compensation will be determined between defense and plaintiff lawyers, or by a jury. The decision will ultimately be made based on the evidence at hand and the amount of damage done due to the loss of a loved one.

Wrongful Death Damage 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

It is important to know that under California Civil Procedures 377.30, a wrongful death lawsuit is typically coupled with a California “survival” cause of 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.

Worth noting is 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.

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 include:

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

What are the Statute of Limitations for Filing a Wrongful Death Claim?

In California, eligible survivors have two years from the time they lost their loved one to file a wrongful death suit. However, there are exceptions to this statute if you’ve waited more than two years to file. Medical malpractice is an exception, giving eligible survivors three years from the date they discovered their loved one’s death was a result of medical malpractice.

The “discovery rule” is another exception used when the survivors could not have reasonably known their loved one had died. This rule allows a two-year statute to begin from the date the family members became aware of the decedent’s death.

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.

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. These details include:

• 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.

These details are often revealed through legal processes your attorney will guide you through. Both you (the plaintiff) and the liable party (the defense) will have a chance to discuss the details of the case through:

• Interrogatories: written questions both parties must answer under oath
• Depositions: usually an audio or video recording of a verbal question and answer between both opposing parties under oath and outside of the courthouse
• Request for production of documents: all documents to back up each party’s claims must be presented to both sides
• Request for admission: carefully directed questions to determine whether the party in question agrees with or denies certain claims

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. 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. There are legal procedures put in place to ease the financial burden of an untimely death.

To understand your legal options for a wrongful death, 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.