How to Bring & Win A Wrongful Death Lawsuit

How to Bring & Win A Wrongful Death Lawsuit

In California, if a person dies as the result of someone else's wrongful act, the surviving family members or estate may sue for damages under the state's wrongful death law. This law is outlined in the statute Code of Civil Procedure 377.60.

A settlement or verdict in a wrongful death case may pay out damages for:

• Burial and funeral expenses for the decedent,
• Amounts the deceased would have earned as income,
• Pain and suffering and disfigurement of the decedent,
• Compensation for the loss of the deceased's companionship and support.

Wrongful death cases are like personal injury cases, but there are some important differences. If you have lost a loved one due to someone else's negligence or wrongful act, it is important to speak with an experienced wrongful death attorney to understand your legal rights and options.

Punitive damages are not available in a wrongful death lawsuit in California. The only way to get punitive damages from a wrongdoer is through a survival cause of action. This is because the survival action is brought on behalf of the victim's estate, rather than the family. By bringing a survival action, you can seek compensation for losses suffered by the victim, rather than just the family's losses.

If you have lost a loved one due to someone else's negligence or wrongdoing, you may be entitled to pursue a wrongful death claim. Contact an experienced California wrongful death attorney to discuss your legal options and ensure that your rights are protected.

Who has the standing to sue for wrongful death in California?

If you have lost a loved one due to someone else's negligence or wrongful act, you may be able to file a lawsuit against the responsible party. Under California law, certain family members (or their representatives) are allowed to bring such a suit.

Surviving spouses, domestic partners, children, grandchildren (if the deceased person's children are also deceased), other minor children who were dependent on the deceased for at least 50% of their financial support, and anyone else who would be entitled to the deceased's property under California's laws on intestate succession can all file suit.

If you have lost a loved one and think you may have a case, contact an experienced personal injury attorney to discuss your options.

When is a wrongdoer liable for the death?

A wrongful death claim in California can be brought for any type of claim based on negligence, gross negligence, recklessness, or an intentional wrongful act. If you have lost a loved one due to someone else's careless or intentional actions, you may be able to seek compensation for your losses.

Wrongful death claims are complex, and it is important to have an experienced attorney on your side. Our team has decades of experience handling these types of cases. We will thoroughly investigate the circumstances surrounding your loved one's death, and we will fight tirelessly to get you the justice and compensation you deserve.

If you have lost a loved one due to someone else's negligence or wrongdoing, contact us today for a free consultation. We will review your case and advise you of your legal options. Call us toll-free or fill out our online form to get started.

If your loved one has died as a result of someone else's wrongful act, you may be able to file a wrongful death lawsuit. Wrongful death suits are designed to provide financial compensation for the families of those who have died due to the negligence or intentional misconduct of another.

Wrongful acts that can lead to a wrongful death suit include (but are not limited to):

• Car accidents (including being hit by a DUI driver)
• Pedestrian "knock-downs"
• "Slip-and-fall" accidents
• Drowning
• Assault and battery
• Murder or manslaughter
• Elder abuse or neglect
• Child abuse or neglect
• Medical malpractice.

Heirs can also sue in "strict liability" if their loved one was killed by a dog bite or mauling, or by a defective product, even if the defendant was not negligent.

If you have lost a loved one due to someone else's wrongful act, contact a wrongful death attorney to discuss your legal options.

What damages can be recovered in a wrongful death case?

Damages in a California wrongful death case are intended to compensate heirs for the value of the support they could reasonably have expected to receive from the deceased if he or she had lived.

Settlements are typically paid out either as a lump sum (all at once) or as part of a structured settlement with payments being made over time.

Such compensatory damages can include both economic and non-economic losses. We discuss each of these monetary damages in detail, below.

The period for which such damages are recoverable is the shorter of:

• The deceased individual’s life expectancy at the time of death
• The number of years used by the jury in its determination of damages

Economic losses may include:

• The value of the services the deceased would have provided to his or her family, including but not limited to: Childcare Housework Financial and/or business-related contributions
• The loss of financial support the deceased would have provided to his or her family
• The loss of the deceased’s love, companionship, care, affection, society, and moral support.

Non-economic losses are more difficult to quantify. They may include such things as the pain and suffering endured by the victim before death, as well as the mental anguish and emotional distress suffered by surviving family members after the death.

In some cases, punitive damages may also be awarded in a wrongful death case. These are designed to punish the wrongdoer and deter future wrongful conduct.

Can heirs get punitive damages?

An heir cannot generally recover punitive damages in wrongful death cases under California law.9 (The exception is if the deceased was killed as the result of felony homicide for which the defendant has been convicted).

Punitive damages may be available, however, through a “survival action” on behalf of the decedent’s estate. A survival action is a claim brought by the personal representative of a deceased person's estate, seeking damages for injuries that the deceased person sustained before death. Punitive damages may be awarded in a survival action if it can be shown that the defendant's conduct was particularly egregious and rose to the level of conscious disregard for the safety of others.

If you have lost a loved one as the result of someone else's negligence or wrongdoing, you may be entitled to seek compensation through a wrongful death or survival action. An experienced California personal injury attorney can help you understand your legal rights and options and fight for the compensation you deserve.

How is a “survival” action different?

A survival action is a type of lawsuit that allows the heirs of a deceased person to sue on behalf of the estate. This type of lawsuit can compensate the estate for two types of losses: claims unrelated to the death, and/or claims for the injury that caused the death.

A survival action is separate from a wrongful death lawsuit, which compensates the surviving family members for their losses. However, in some cases, a wrongful death lawsuit may be combined with a survival action.

If you have lost a loved one due to someone else’s negligence or wrongdoing, you may be able to file a survival action to seek compensation for your loss. An experienced California personal injury attorney can help you understand your legal rights and options.

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What is the statute of limitations for a California wrongful death claim?

If you have lost a loved one due to the negligent or wrongful actions of another, it is important to be aware of the statute of limitations for filing a wrongful death claim in California. In most cases, you will have two years from the date of your loved one's death to file a claim. However, there are some exceptions to this rule, so it is always best to consult with an experienced attorney to determine the best course of action in your case.

Survival actions may also be filed in cases where someone dies as a result of injuries they sustained. These claims are typically brought by the estate of the deceased person, and the time limit for filing is generally two years from the date of injury or six months after the death, whichever is later.

If you believe you may have a wrongful death or survival action claim, it is important to act quickly to ensure that your rights are protected.

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