California is one of those states where wrongful death claims are regularly handled. As reported by the California Traffic Safety Data System or TIMS, there were more than 4,300 deaths caused by a variety of factors due to drunk and distracted driving.
If you have personally lost someone to wrongful death and if you know of someone else who has lost a loved one, you will find that there are legal options available to seek justice and hold those accountable for their actions.
Indeed, there are few experiences more traumatic than wrongful death. One should not bear the burden of losing a loved one because of someone else’s negligence. Contact a Tenina Lawyer today!
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What Is Wrongful Death in California?
In California, a wrongful death claim is a civil suit that arises from the death of an individual due to the negligence or wrongdoing of another. There are two forms of wrongful death claims.
- Negligence – The actions of a reckless or careless person that led to another’s death. An example of this is a car accident or a defect in a product.
- Malpractice – Failure by the professional, such as a lawyer, an accountant, or a doctor, to constitute the minimum expected level of care may also lead to death.
Another way to categorize damages in a wrongful-death action is in two categories: economic and non-economic. These first include funeral costs, medical expenses, lost wages, and household services. Whereas the latter category would include damages intangible in nature, including emotional distress, mental suffering, and moral damage.
Who Can Sue for a Wrongful Death Claim?
The following person is entitled to file a lawsuit in any court in California for a wrongful death claim according to California Code of Civil Procedure, 377.60:
Children and descendants of the deceased spouse, domestic partner, or children.
In California, wrongful death claims are brought by the immediate family of the deceased, such as surviving spouses, children, and grandchildren.
Intestate Successor
Intestate successors may file a wrongful death action if the decedent had no surviving spouse, domestic partner, or children. They are usually another family member, like a sibling or parent.
Putative Spouse
A wrongful death claim may be brought by a putative spouse who has a good faith belief that the marriage is valid, and a putative spouse can still file even if the marriage is later judged invalid.
Financial Dependents
Use this category for wrongful death lawsuits. A financially dependent person on a deceased person, even if unrelated to him by blood or legal relationship, may have the right to bring a wrongful action suit. These dependents may include stepchildren, unmarried partners, or anybody else dependent on that individual financially.
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How Does a Wrongful Death Lawsuit Work?
You need to make sure you follow proper procedure if you intend to file a lawsuit for wrongful death. Understanding the complete course of a wrongful death claim through the steps below:
Hire a Wrongful Death Attorney in California
California’s legal system dealing with wrongful death is very confusing. Employ a California lawyer versed in this wrongful death law practice, as he will help you crawl along with the legal system and analyze your case’s strengths.
Statute of Limitations and Cause of Action
This is the next step, where legal grounds and boundaries as to the wrongful-death lawsuit are established. For purposes of establishing a cause of action, there must be an infringement of a legal right and death resulting from it.
Work with your lawyer to collect evidence and determine whether negligence or wrongdoing caused the tragedy. This helps build a strong case showing the defendants breached their duty of care.
Economic Damages
Examples of economic damages are as follows:
- The money the deceased would have spent to support his family over a lifetime.
- Any number of gifts or other benefits that heirs would have received from the deceased, funeral cremation, and financial receipts.
Economic loss is relatively easy to determine from financial documents and receipts.
Non-Economic Damages
These include loss of:
- Companionship and society
- Protection
- Affection
- Moral Support
- Training and guidance
- Sexual relations
The plaintiffs suing for wrongful death in 2022 are entitled to damages for pain, suffering, or disfigurement.
In wrongful death cases in California, there is no standard to determine the amount of non-economic damages. Any amount that the jury feels is reasonable, given the evidence and common sense, may be awarded to a party.
Curiously, loss of companionship, comfort, and societal interaction might not be ones for which damages are recoverable.
Final Thoughts
Emotions run high among typical wrongful deaths, and so are the legal complications. Although money and legal avenues could never compensate a loved one whose life was brought to an end prematurely, these forms could bring a sense of closure. It could be used to serve medical expenses and funeral costs, as well as income loss.
Tenina Law is there for anyone who seeks a lawyer to handle their wrongful death claims. Our professional lawyers are ready to give every client the strong representation they deserve.
