If someone passes away due to someone else negligent actions, their family members and dependents may seek legal action through a wrongful death. Those affected may recover economic and non-economic damages. Juries take into account several aspects when determining compensation amounts, such as prior income, future earning potential, and how much family members rely on them.
The California Code of Civil Procedure § 377.60 states that the decedent’s surviving spouse, domestic partner, children, and the issue of deceased children would be entitled to the deceased’s property by intestate succession.
California residents must have a good understanding of wrongful death laws if they need to file a wrongful death claim on behalf of their loved ones. As the process of filing a claim can be complicated, a good grasp of these laws and hiring an experienced wrongful death attorney will be your best bet to ensure your loved one’s rights are protected.
Understanding Wrongful Death in California
There are many events in which a person’s negligence causes a wrongful death, such as auto accidents, a truck accident, medical malpractice, drunk driver accidents, defective products, and more. Wrongful death laws give surviving family members the right to file a compensation claim when their loved one dies.
Although wrongful death claims and personal injury claims are similar in the sense that they are both claims based on negligence, in a wrongful death lawsuit, the victim sustained the “injury” has passed away, so the injury in question is therefore sustained by the estate of the deceased. Whereas in a personal injury claim, the victim of negligence has sustained an “injury” that is considered a bodily injury.
Who can file a wrongful death lawsuit in California?
1. Surviving spouse of the deceased: The deceased’s surviving spouse (if they were legally married at the time of death) or their registered domestic partner has the primary right to file a claim against the at-fault party. They may choose to waive their right to priority. On the other hand, the court reverses the right to deny the surviving spouse the right to file a wrongful death claim if they are deemed not legally competent.
2. Surviving child or children of the deceased: The deceased’s surviving children (biological children, stepchildren, and legally adopted children) may file a lawsuit if the deceased has no living spouse. In the case where the deceased’s child is a minor, a guardian will be appointed to them by the court, who can then file the claim on their behalf.
3. Dependent Minors Living in the Deceased’s Household: Regardless of whether they are legal children, a minor child living with the deceased at the time of the death may have the right to seek financial compensation. In this case, the minor must have been dependent on the deceased for care and relied on the deceased for at least half of their financial support. In addition, the dependent minors must have lived in the deceased’s household for at least six months.
4. Parents of the deceased: If a parent can prove that they were financially dependent on the deceased, then they have the right to file a wrongful death claim. When the deceased is unmarried, has no children, or is a minor, their parents have precedence to submit a claim.
5. Other heirs: California intestate succession laws state that if none of the previously mentioned family members survive the deceased, other individuals are entitled to inherit from the deceased. Priority will pass down to these eligible individuals in this order: parents (regardless of their dependency on the deceased), siblings or children of deceased siblings, grandparents, and lastly, children of a deceased spouse.
6. Next of kin: If none of the qualified relatives are present to receive a deceased person’s property, any member of their closest family may submit a wrongful death lawsuit.
Wrongful Death Statute of Limitations in California
A statute of limitation is a court rule that orders lawsuits to be filed within a certain period. If the claim is not successfully filed within this period, it cannot be brought to court and will be dismissed.
California residents who seek justice for the wrongful death of a family member or loved one must take action within two years following their passing. It must be noted that there is an exception to the statute of limitations, referred to as the “discovery rule”. If the deceased victim’s cause of death was not apparent at the time of death, and the cause was later discovered, this circumstance may extend the statute of limitations the deceased’s family has to file a wrongful death claim.
Steps to Take After a Wrongful Death in California
In the wake of the death of your loved one, there are certain steps one must take to ensure a favorable outcome of a wrongful death claim, should you choose to file one.
- Obtain a Death Certificate: Acquiring a death certificate is the first step one must take when filing a wrongful death claim in California.
- Hire an Experienced Lawyer: One of the best ways to increase your chances of winning your wrongful death claim is by having an experienced wrongful death lawyer by your side. Dealing with a claim of this nature can be complex.
At Farahi Law Firm, our California wrongful death lawyers have years of experience handling wrongful death lawsuits.
Factors That Affect a Wrongful Death Claim in California
It is important to note that several factors may affect the outcome of a wrongful death claim in California.
1. Comparative negligence
California is known as a pure comparative negligence state. Unlike a modified comparative negligence state, accident victims are allowed to recover damages even if they were 99% liable for their accident. An example of this would be the victim riding their bicycle at night without reflectors is then struck and killed by an oncoming truck. If the deceased is found to be comparatively negligent, the amount of compensatory damages awarded may be reduced by their percentage of fault.
2. Determining Pecuniary Loss
When determining pecuniary loss, many different elements are taken into account, such as the victim’s age, character and condition, earning capacity, life expectancy, health and intelligence, and more. In a wrongful death action, the jury will determine the amount of monetary damages awarded after hearing the evidence. These details will help in determining the potential damages of the case.
Hire an Award-Winning California Wrongful Death Lawyer
If your loved one was the victim of a wrongful death in California, you must hold the at-fault party accountable and file a wrongful death claim. Not only will this claim enable you to recover the compensation needed for expenses incurred due to their untimely passing, but this will also help you gain justice for them.
Our personal injury lawyers can help you navigate the complexities of the legal process and recover damages from the burial expenses, medical bills, loss of consortium, and other types of damages. We work on a contingency basis. No fees until we win!
Do not hesitate to contact us today for a free case consultation. Call us at (844) 296 5267.
