A Guide To A Wrongful Death Lawsuit in California State Court
The loss of a loved one due to another’s negligence or intentional actions is a deeply painful experience. In such circumstances, a wrongful death lawsuit can provide a path to justice and financial support for the surviving family members. This comprehensive blog post will delve into the intricacies of wrongful death lawsuits in California, highlighting the key elements of a wrongful death claim, the legal requirements, the filing process, types of damages, the statute of limitations, and unique considerations specific to California law. By offering examples and insights, this guide aims to help readers understand the complexities of wrongful death cases and provide guidance for those seeking legal recourse in these challenging situations.
1. Understanding Wrongful Death Claims:
A wrongful death claim in California arises when a person dies due to the legal fault of another person or entity. The key elements of a wrongful death claim include the death of a person, caused by another’s negligence or intent to cause harm, resulting in monetary injury to the surviving family members.
2. Legal Requirements for Filing a Wrongful Death Lawsuit:
To file a wrongful death lawsuit in California, the plaintiff must establish that the defendant owed a duty of care to the deceased, that the defendant breached this duty, and that this breach directly resulted in the death of the person. The plaintiff must provide sufficient evidence to support these claims, which often requires the expertise of legal and medical professionals.
3. The Process of Filing a Wrongful Death Lawsuit:
The process of filing a wrongful death lawsuit in California involves several steps, starting with the filing of a complaint in the appropriate court. The complaint outlines the basis for the lawsuit, the parties involved, and the damages sought. The defendant is then served with the complaint and has the opportunity to respond. The case may proceed to trial if a settlement cannot be reached.
4. Types of Damages in Wrongful Death Cases:
In a wrongful death lawsuit, the surviving family members may seek various types of damages. Economic damages include medical and funeral expenses, loss of the deceased’s expected income, and loss of inheritance. Non-economic damages cover things like the loss of love, companionship, comfort, care, assistance, protection, and moral support. In some cases, punitive damages may also be awarded.
5. Statute of Limitations for Wrongful Death Lawsuits in California:
In California, the statute of limitations for wrongful death claims is generally two years from the date of the person’s death. However, there are certain exceptions that can extend or shorten this period. It’s crucial to consult with a knowledgeable attorney to ensure you file your claim within the appropriate timeframe.
6. Unique Considerations in California State Law:
California law has several unique considerations when it comes to wrongful death claims. For instance, California follows a “pure comparative negligence” rule, which means that the damages a plaintiff receives will be reduced by a percentage equal to their share of fault for the accident. Additionally, certain family members, like registered domestic partners and putative spouses, have the right to file a wrongful death claim in California.
Conclusion:
Navigating a wrongful death lawsuit in California can be a complex process, but understanding the key elements of a wrongful death claim, the legal requirements, the filing process, types of damages, the statute of limitations, and unique considerations specific to California law can provide a roadmap for those seeking justice. While this guide offers a comprehensive overview, it’s crucial to consult with an experienced wrongful death attorney to ensure you receive the legal guidance and support you need during this challenging time.
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“A cause of action for wrongful death is a statutory claim (§§ 377.60–377.62) that compensates specified heirs of the decedent for losses suffered as a result of a decedent’s death. (Quiroz v. Seventh Ave. Center (2006) 140 Cal.App.4th 1256, 1263 45 Cal. Rptr. 3d 222.) Any recovery is in the form of a lump sum verdict determined according to each heir’s separate interest in the decedent’s life (Cross v. Pacific Gas & Elec. Co. (1964) 60 Cal.2d 690, 692 36 Cal. Rptr. 321, 388 P.2d 353), with each heir required to prove his or her own individual loss in order to share in the verdict. (§ 377.61; Changaris v. Marvel (1964) 231 Cal. App. 2d 308, 312 [41 Cal. Rptr. 774].) Because a wrongful death action compensates an heir for his or her own independent pecuniary losses, it is one for ‘personal injury to the heir.’ (Quiroz, 140 Cal.App.4th at pp. 1263–1264; see Fitch v. Select Products Co. (2005) 36 Cal.4th 812, 819 [31 Cal. Rptr. 3d 591, 115 P.3d 1233].) Thus, in a wrongful death action the ‘injury’ is not the general loss of the decedent, but the particular loss of the decedent to each individual claimant.” (San Diego Gas & Electric Co. v. Superior Court (2007) 146 Cal.App.4th 1545, 1550-1551 [53 Cal.Rptr.3d 722].)
The elements of wrongful death include (1) a wrongful act or neglect on the part of one or more persons that (2) causes (3) the death of another person. (Norgart v. Upjohn Co. (1999) 21 Cal.4th 383, 390.) “The elements of the cause of action for wrongful death are the tort (negligence or other wrongful act), the resulting death, and the damages, consisting of the pecuniary loss suffered by the heirs.” (Lattimore v. Dickey (2015) 239 Cal.App.4th 959, 968.)
“In relevant part, Code of Civil Procedure section 377.60 1 permits a cause of action for wrongful death to be asserted by: ‘(a) The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession.’” (Rosales v. Battle (2003) 113 Cal.App.4th 1178, 1182 [7 Cal.Rptr.3d 13].)