California Wrongful Death Law – Top Things You Should Know
The law governing wrongful death in the State of California is set forth in the California Code of Civil Procedure section 377.60. Wrongful death law provides specific information on who has standing to file a wrongful death claim and the types of damages or compensation that may be claimed.
Who is liable and who can sue according to California Wrongful Death Law?
Wrongful death law may vary from state to state regarding who is allowed to file this type of lawsuit. In California, the deceased’s surviving spouse, domestic partner, children, or other minor children who resided with the decedent for the last six months and depended on the decedent for half or more of their financial support, and the decedent’s parents if the decedent helped to financially support them can sue for wrongful death. If the decedent’s spouse and children are also deceased, other close relatives who under California intestate succession laws would be entitled to the decedent’s property may be able to sue, such as surviving siblings or parents.
A wrongful death claim can be brought by the proper claimants, within the proper time period, for the death of a person caused by the wrongful act or neglect of another. Wrongful acts can arise out of many circumstances, such as medical malpractice, car accidents, or civil rights violations. No matter the circumstance, to determine the liability of the party, the wrongful death law requires that the plaintiff prove that the defendant (more likely than not) caused the wrongful death by negligence, intentional conduct, or other wrongdoing, and that as a result, certain surviving family members are suffering monetary and non-monetary losses.
What damages can be recovered?
The damages available in these types of lawsuits aim to compensate the heirs for economic and non-economic losses that they would not have experienced if the decedent had lived. The period for which damages are recoverable is determined by the life expectancy of the decedent at the time of the wrongful death or the plaintiff’s life expectancy at the time of the wrongful death, whichever is shorter.
Economic damages represent quantifiable losses as a result of the wrongful death. They include the following:
- The financial support the heirs would have received from the decedent
- Loss of household services
- Expenses related to the decedent’s funeral or burial
- Loss of gifts or benefits the heirs would have received from the decedent
Non-Economic damages represent intangible losses and are also called general damages. These include:
- Loss of companionship, affection, protection, comfort, moral support
- Loss of intimate relations
- Loss of guidance and training
It is important to note that California wrongful death law does not grant punitive damages. To pursue punitive damages from the liable party for wrongful death, a survival cause of action would have to be filed. Both wrongful death and survival actions can be pursued together if they result from the same wrongful act.
Getting legal help for your wrongful death claim
It is an emotionally challenging ordeal to lose a loved one due to a wrongful act. It is understandable why surviving family members would want legal justice after having had time to grieve. The most important thing in these cases is to seek the advice of an experienced lawyer who can assess your case and determine whether you have a valid claim against the responsible party according to wrongful death law.
The civil rights attorneys at Haddad & Sherwin LLP have a long track record of winning wrongful death cases with results that include large settlements and verdicts for their clients, groundbreaking legal rulings, and important reforms to prevent future harms. At this time, Haddad & Sherwin LLP only handles wrongful death cases in California.