When a person suffers injuries due to the negligence of another person or party, he or she can pursue compensation for damages through a wrongful death claim with the help of a wrongful death attorney. However, if the victim dies from his or her injuries, a wrongful death claim will function similarly to a personal injury claim on behalf of the deceased. Each state has unique statutes concerning who may file wrongful death claims and the types of damages available.
California Wrongful Death Statutes
California wrongful death law (Code of Civil Procedure 377.60) allows a surviving family member of the deceased or a personal representative of the deceased’s estate to file a wrongful death claim under certain conditions. It’s possible for a family member or representative to file a wrongful death claim in relation to a criminal prosecution in progress if the death resulted from an intentional tort such as an act of violence. California allows the surviving spouse, partner, or child of a deceased individual to file a wrongful death claim within two years of the death in question. If no such relatives exist, California allows anyone “who would be entitled to the property of the decedent by intestate succession” such as the deceased person’s siblings, parents, or anyone else dependent on the deceased for care or financial support.
In California, an eligible plaintiff can file a wrongful death claim for a death caused by negligence, medical malpractice, or an intentional tort. A plaintiff in a wrongful death claim for negligence will need to prove the same elements of negligence as any other personal injury claim. This means the plaintiff must show how the defendant owed a duty of care to the deceased, failed to meet this duty, and directly caused the wrongful death in question. Medical malpractice claims will follow a similar framework, but the plaintiff must have a medical professional review of his or her claim or submit the claim to a medical review board to ensure the claim has merit. In an intentional tort wrongful death claim, the criminal prosecution from the state may run in tandem with a wrongful death claim from the victim’s family.
Succeeding With a Wrongful Death Claim
The plaintiff in a wrongful death claim must provide compelling evidence to establish liability for the death in question. The damages available to plaintiffs in wrongful death lawsuits aim to compensate the family for their financial losses resulting from the death as well as their suffering. It’s crucial to retain copies of all documentation related to the wrongful death claim and subsequent financial impact. Some of the damages available in most wrongful death claims include:
- Funeral and burial expenses
- Medical costs resulting from the deceased’s final illness or injury
- Lost income, including lost wages for the time between the injury and the deceased’s death and lost future earning capacity
- Loss of love, care, guidance, companionship, and consortium. The court will determine an appropriate amount for the emotional impact of the sudden loss of a loved one on the surviving family
- Lost value of household services
- Lost inheritance or the lost value of retirement accounts and savings plans that would have accrued more value had the deceased survived
The family may also choose to pursue a survival action to seek compensation for the deceased’s pain and suffering during his or her final illness or injury. In any wrongful death claim, a plaintiff or group of plaintiffs need reliable legal representation to navigate their claim and gather evidence to prove the extent of their losses. A wrongful death claim cannot make up for a lost loved one, but it can provide significant financial relief to offset the economic impact. Contact an experienced wrongful death attorney is an invaluable asset in any California wrongful death claim.