Suing for Wrongful Death in California
In the state of California, damages in a wrongful death suit can include both economic and non-economic damages, which are often referred to as general damages. These represent non-material losses to the wrongful death claimants as the result of a loved one’s death due to the negligence or misconduct of another person, company, or entity.
Who Can Sue for Wrongful Death in California?
The California Code of Civil Procedure section 377.60 allows wrongful death claims to be brought by certain people who were close to the decedent, including spouses or domestic partners, children, other minor children (such as stepchildren) who were financially dependent for at least 50% of the deceased’s support and lived with the decedent, the decedent’s parents if the decedent provided some support to them, and any other person who could be entitled to the deceased’s property under the laws of California under intestate succession.
What Counts as a Wrongful Death?
Wrongful death lawsuits can be brought by certain survivors for the death of a person caused by the wrongful act or neglect of another. That can include claims based on negligence, recklessness, gross negligence, intentional acts, or any violation of the decedent’s rights that caused the decedent’s death.
Wrongful acts can include (but are not limited to):
- Civil rights violations that cause death
- Police shootings
- Jail neglect
- Car accidents (including being hit by a DUI driver)
- Drowning
- Medical malpractice
- Murder or manslaughter
- Child and Elder abuse or neglect
- Other negligence or wrongdoing
If the death of the deceased was caused by a dog bite or mauling or defective product, the California law allows the heirs to also sue in “strict liability,” even if the defendant was not negligent.
Recoverable damages
Economic damages are available, such as for the loss of the decedent’s financial support and value of the decedent’s household services. Noneconomic (general) damages are also available for loss of the decedent’s love, companionship, comfort, affection, consortium, society, services, solace, and moral support.
Though general damages are allowed for the surviving family in wrongful death lawsuits in California generally, the loss of “love, companionship, comfort, care, assistance, protection, affection, society, and moral support,” the decedent’s pain and suffering or emotional distress are not included, nor is the “grief or sorrow” of the plaintiff family member caused by the death of their loved one.