How to File a Wrongful Death Lawsuit in California
Losing a loved one is tough, especially if it could’ve been avoided. But what defines as a wrongful death and what can you do about it?
Here is everything you need to know about filing a wrongful death lawsuit in California, including why it’s best to seek legal assistance.
Introduction
The death of a loved one can bring so much grief and heartache – it doesn’t matter their age. Losing someone hurts. However, losing someone due to things like negligence, reckless behavior, or even a deliberate act can hurt so much more. Why? Because death could have been avoided. If things didn’t go wrong, you wouldn’t be going through the grief and heartache – and your loved one may still be alive.
What can you do if you find yourself here? What justice is there for taking someone’s life?
A wrongful death lawsuit can be filed as a means of seeking justification. Monetary awards may not erase an untimely death, but it can make one feel that the event didn’t go unnoticed.
Here’s how to file a wrongful death lawsuit in California.
Wrongful Death Defined
A wrongful death occurs when someone dies as the result of negligence (or some other wrongful act) – whether at the hands of someone else or a specific entity. Below is a list of common cases in which wrongful deaths have occurred:
- Automobile/DUI accidents
- Pedestrian/Bicycle accidents
- Defective products
- Drowning or swimming pool accidents
- Elder abuse or neglect
- Animal attacks or dog bites
- Medical malpractice
- Child abuse or neglect
- Slip and fall accidents
- Assault and battery
It should be noted that filing a wrongful death claim is not a criminal case. The survivors of the deceased cannot bring criminal charges against the individual(s) or entity (this is left up to the state), but rather it is a civil suit seeking damages, often monetary. A wrongful death claim can be opened regardless of whether there is a current criminal case.
Who Can File a Wrongful Death Claim?
The rights to filing a lawsuit for a wrongful death claim are stated in California’s Code of Civil Procedure 377.60. This specifically states who can bring the lawsuit to court.
Spouse of the deceased. This includes spouses of either sex who are married, domestic partners, and even putative spouses.
Child/Children of the deceased. Children can file a wrongful death claim if there is no surviving spouse.
Parents of the deceased. This includes the parents of both minor children as well as those adult children who have no other heirs.
Grandchildren of the deceased. The grandchild falls in line only after the decedent’s children. If there are no living children, the grandchildren may step up.
Dependent children. Stepchildren or other dependents who relied on the decedent for at least 50% of financial support.
Others. Sometimes there are no immediate family members, such as a spouse, children, or parents. In this case, other heirs may be able to file. Speak to an attorney about your specific situation and the California law on intestate succession.
Types of Damages Awarded
The damages most often awarded to those in a wrongful death case include monetary damages. While no amount of money can bring a loved one back, these damages are meant as a way to offer the value of support the survivors would have received if the deceased was still alive.
The amount of damages awarded is often based on which is shorter: the life expectancy of the deceased at the point in time when the death occurred or the life expectancy of the survivor at the time of the deceased’s death. Health, occupation, and lifestyle are all taken into consideration.
Economic Damages. In California, economic damages can include things such as:
- Burial and funeral expenses
- Loss of financial support that would have been contributed to the household.
- Loss of benefits or other gifts that would have been received.
- Loss of value of household services that would have been provided.
There are few, if any, limitations of these economic damages.
Non-Economic Damages. In California, non-economic damages can include things such as affection, moral support, companionship, protection, guidance, sexual relationships, and more.
Statute of Limitations
The statute of limitations in California for filing a wrongful death claim is two years. This period begins on the date the wrongful death occurred. Keep this in mind if you intend to bring a court action. After all, letting too much time pass could leave you without any recourse.
What’s to Prove?
If you intend to bring a wrongful death claim, you need to be able to prove it. In other words, you need to be able to prove that the death was caused by someone else’s recklessness, deliberate behavior, or total negligence. The death cannot be because of the decedent’s lack of care, action, or inaction.
Also, the survivor bringing the claim must be able to prove that there has been measurable suffering due to the wrongful death.
Of course, speaking to an attorney and having representation throughout the process can ensure that you have everything you need to be able to properly file and prove your case in court.
An Overview of the Legal Steps
Every case is going to be different, but here you will find a very brief overview of the steps necessary to file a wrongful death claim.
- Determine who can bring the claim for the family.
- Gather your evidence, including information about what happened, police reports, witness statements, and other documentation.
- Put together a list of financials, including lost wages, medical bills, and so forth.
- Find an attorney that has the experience to handle your case.
- Give advance notice (if necessary) of the filing of the claim.
- File the complaint with the court.
- Serve a copy of the summons and complaint on the defendant.
- Review offers of settlement. Your lawyer will bring great guidance here.
- If the settlement offer is rejected, the case will proceed through the hearing process.
Conclusion
Hiring a lawyer is one of the best ways to ensure you get awarded the appropriate damages and that you follow the right steps for a smooth case. Losing someone you love is one of the most difficult things you will experience in life. Having an attorney on your side can allow you to focus on your grief while the professionals handle your case.
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