Nothing is more painful than the sudden death of a loved one, especially if another’s negligence caused it. In California, the law allows for surviving family members or the estate of the deceased to sue the negligent party for damages when a person dies due to another person’s wrongful act. Loved ones of the deceased can bring a wrongful death lawsuit for any claims of negligence, recklessness, or an intentional wrongful act. Some common examples include car accidents, “slip and fall” accidents, and elder abuse. If you have recently lost a loved one because of another person’s negligence or carelessness, then a wrongful death attorney can help guide you and your family through the process.
According to the California Code of Civil Procedure 377.60, only the following parties related to the deceased person are allowed to bring a wrongful death claim:
- Spouse
- Domestic partner
- Children
- Grandchildren (only if the deceased person’s children are deceased as well)
- Stepchildren (only if they were dependent on the deceased person for at least 50% of their financial support)
- Parents of the deceased person (only if they were dependent on the deceased person for at least 50% of their financial support
- Anyone else who has claims to the deceased person’s estate
What damages can be recovered in a wrongful death case?
Economic damages consist of the financial contributions the deceased would have contributed if they survived and typically include the following damages, among others:
- Funeral and burial costs
- Loss of the deceased’s expected earnings
- Loss of the deceased’s benefits (medical insurance or pension)
Non-economic damages are more challenging to prove because there is no fixed standard. However, that means that a jury can award any amount necessary based on the evidence in the case. Examples can include the following:
- Loss of love and companionship
- Loss of care and assistance
- Loss of consortium
Wrongful death claims are often confused with survival action claims. Survival actions seek compensation on behalf of the deceased person. A wrongful death claim can include a survival action to recover compensation. For example, suppose the deceased survived the injury for some time. In that case, the family can seek compensation for the deceased’s pain and suffering through a survival action.
It is crucial to remember that there is a statute of limitations for filing a wrongful death lawsuit. In California, the statute of limitations for a wrongful death claim is two years. If the family does not file within two years, they forfeit their right to file. You mustn’t wait to speak with one of our Eason & Tambornini wrongful death attorneys in Sacramento if you believe you have a case for a family member’s wrongful death.
