A wrongful death lawsuit is one that is brought against someone for negligence that causes the death of another person. People who are related to the deceased can file wrongful death actions. These may include damages for medical bills, funeral expenses, loss or companionship, income loss, and other costs.
California has a common law that allows families to file wrongful death lawsuits if a family member is negligent. California has a statute-of-limits that allows you to file wrongful death claims. This is usually 2 years after the death. It is therefore important to get legal representation as soon as possible to protect your rights to receive compensation.
Who can file a claim for wrongful death?
Wrongful Death laws define who can file an claim for the victim. In general, only close relatives are permitted to file wrongful-death claims. Depending on your particular case, however, there may be exceptions to this rule.
The spouse
A claim may be filed by the spouse of the victim for the loss of their partner. A spouse is a legal married person to the victim at their death. A spouse who was legally separated from the victim at their death, but not divorced, may still be eligible for a claim.
Children
California may allow the surviving biological or adopted children of the deceased to file a wrongful-death lawsuit, even though they are adults at the time.
Parents
Parents may be eligible to file a wrongful-death claim if a minor child is killed in an accident. Parents may be eligible for compensation for funeral and medical costs as well as for loss of companionship.
In some cases, standing may be granted to parents of adult children. However, this depends on whether the deceased had other dependents or if they were dependent on the deceased for support.
Others in the family
California allows parents and spouses to file a wrongful-death claim. If the victim was financially dependent on them at the time, siblings and grandparents could also be eligible for compensation.
There are exceptions to this rule
California law allows other relatives who are considered heirs to the estate of the deceased person to file a wrongful-death claim if none of these individuals exist. It is a good idea to speak with an attorney as soon as possible if multiple relatives have potential claims to the estate of the deceased.
What are the California wrongful death damages?
Damages are monetary payments that are paid to victims of injuries or deaths. These damages may be called:
Medical expenses
The estate of the deceased can claim medical expenses incurred before their death. These expenses include any medical costs incurred prior to death, and also any illness or injuries sustained by the deceased between the time of the accident and their death.
Earning capacity lost
You may be eligible to receive income if your loved one was still working when they died.
Loss of consortium
This refers to the loss of companionship or affection that a spouse, parent, or child feels when another member of the family dies. In a wrongful-death case, the most severe damage is often the spouse loss of consortium.
Family members can suffer pain and suffering
Families who have lost a family member may be eligible to receive damages for their pain and suffering. This means that each family member can seek damages for their own pain and suffering.
Funeral and burial costs
You may be eligible to receive funeral and burial expenses if you are the personal representative or executor of the estate of a deceased person. An estate can be reimbursed for funeral and burial costs by filing a wrongful death lawsuit.
Punitive damages
They are used to punish the defendant in extreme cases of fraud, malicious or intentional behavior.
Summarized from an article by MVP Accident Attorneys.
