Losing a loved one due to someone else’s wrongful act is an unimaginable tragedy that no family should endure. In California, the law recognizes the immense pain and suffering that survivors go through, providing a legal framework for seeking compensation and justice in such cases. This article sheds light on California’s wrongful death law, helping you understand who can sue, when a wrongdoer is liable, the recoverable damages, and the intricacies of survival actions.
Who can sue for wrongful death?
California Code of Civil Procedure 377.60 allows certain family members or their representatives to bring a wrongful death lawsuit. The eligible parties include:
- Surviving Spouses
- Domestic Partners
- Children
- Grandchildren (If the deceased person’s children are also deceased)
- Other minor children, such as stepchildren, if they depend on the deceased for more than 50% of their financial support
- Individuals that are entitled to the deceased’s property
Determining Liability in Wrongful Death Cases
Survivors in California can pursue a claim based on various wrongful acts, including negligence, gross negligence, recklessness, or intentional wrongful acts. A range of incidents may lead to wrongful death claims, such as car accidents, pedestrian accidents, slip-and-fall incidents, assault, murder, medical malpractice, and more. A person could be liable for wrongful death even if acquitted in a related criminal case.
Recoverable Damages in Wrongful Death Cases
Several damages are recoverable under California law when seeking compensation for wrongful death. These include:
Economic Damages
Economic damages cover the financial contributions the deceased would have made, loss of expected gifts or benefits, funeral and burial expenses, and the value of household services the deceased would have provided.
Non-Economic Damages
Non-economic damages compensate for intangible losses like society, companionship, protection, affection, moral support, training, guidance, sexual relations, and as of 2022, the decedent’s pain, suffering, or disfigurement. However, these damages do not encompass grief, sorrow, or pain and suffering experienced by the heirs.
Punitive Damages
In general, punitive damages are not available for these cases in California. An exception exists if the deceased was killed due to felony homicide for which the defendant has been convicted.
Survival Action
A wrongful death lawsuit is often coupled with a “survival action” under California Code of Civil Procedure 377.30. This distinct legal avenue allows heirs to sue on behalf of the deceased’s estate for two types of losses:
- Claims unrelated to the death that the deceased could have pursued before passing away.
- Claims related to the injury that caused the death if the person survived those injuries for any period.
Unlike wrongful death cases, survival actions can result in punitive damages, providing a unique opportunity for seeking additional compensation and accountability.
Statute of Limitation for Wrongful Death
It’s essential to be aware of California’s statute of limitations for wrongful death claims. The statute of limitations is two years. This period begins on the date of the victim’s death. For survival actions, the estate has a two-year limit starting from the later of the date of injury or six months after the victim’s passing.
Get Help from an Attorney
Navigating the legal landscape of wrongful death cases and survival actions can be complex. Consulting with an experienced attorney is crucial to ensure your rights are protected and you receive the compensation you deserve during this challenging time.
While the legal process may seem daunting, understanding California’s laws empowers you to seek justice and closure for your loved one. By learning about the eligible parties, types of wrongful acts, recoverable damages, survival actions, and time limitations, you can make informed decisions and embark on the path toward healing and accountability.
