Losing a family member as a result of someone else’s mistake is already emotionally devastating. The death of a loved one has the potential to financially devastate families as well. Medical and funeral expenses, as well as the loss of a wage earner’s income, make facing the future without them even more difficult.
Find out how a wrongful death lawsuit in California can help your family recover the monetary losses you’ve suffered. A legal settlement can’t heal the pain you’ve experienced, but it can restore your family’s financial security. A San Diego wrongful death attorney at Kroger-Diamond & Campos has the experience and compassion to guide you through this process.
What Is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a civil action filed against a person or organization accused of negligence that resulted in a person’s death. Wrongful death actions allow the heirs of a deceased victim to petition the court for compensation on behalf of their family member. Motor vehicle accidents, medical malpractice, premises liability, and defective products are common reasons for California wrongful death claims.
The purpose of a wrongful death civil suit is to determine fault and fair compensation for surviving family members. In order to prove liability in a wrongful death case, the following points must be established:
- The victim died as a result of the defendant’s negligence, recklessness, or intentional actions.
- There is a direct link between the defendant’s actions or behavior and the victim’s death.
- The defendant owed the victim a duty of care and breached that duty.
- As a result of the defendant’s actions, the plaintiff suffered damages in the form of financial loss and/or emotional distress.
California Civil Code allows for wrongful death claims for “strict liability” in certain situations, even when a defendant is not found to have been directly negligent. Strict liability is typically only applied to defective product suits and those involving dog bites or animal attacks.
Who Can File a Wrongful Death Lawsuit in California?
California Code CCP 377.60 permits the following individuals to file a wrongful death claim on behalf of a deceased person:
- Surviving spouse or domestic partner
- Surviving children
- Issue of deceased children (the next living generation)
- Persons entitled to the property of the deceased by intestate succession
- Parents or legal guardians of a minor
- Dependents of the deceased
- Dependent minors
California’s Single-Action Rule prevents multiple parties from bringing different lawsuits against the same defendant for the same action. Instead, plaintiffs are required to band together and file one civil suit on behalf of their deceased family member.
The person who files the lawsuit has a duty to include all known heirs. The court awards compensation to all listed plaintiffs, who must decide how to distribute it amongst themselves.
A victim’s estate can also file a survival action claim to recover damages on their behalf, essentially allowing the deceased person to continue their lawsuit after death. This may occur in situations where the deceased person lived for a period before succumbing to their injuries. Damages awarded in survival action lawsuits address the victim’s pre-death pain, suffering, and disfigurement.
What Is the California Statute of Limitations for Wrongful Death Claims?
California statutes of limitations determine the last possible filing date for civil lawsuits. Once time is up on a statute of limitation, a legal claim is no longer valid. In most cases, eligible heirs in California have two years from the date of the victim’s death to file suit. There are some exceptions to this rule:
- When the cause of death is not determined immediately, the statute of limitations begins when the family learns the cause.
- Claims against government agencies require administrative claim paperwork to be filed within six months of the date of death.
- Statutes of limitations may be halted when minors are involved, or when the defendant is out of state or determined to be mentally incompetent. If those conditions change, the statute of limitations begins to run again.
- In medical malpractice lawsuits, the statute of limitations starts when the injury is discovered. A patient’s family has one year after discovery to file a suit. In the event that three years have passed since the injury occurred, a medical malpractice claim is no longer considered valid.
Understanding the statute of limitations for your case is a complicated matter with many variables. A personal injury lawyer at Kroger-Diamond & Campos Injury Law can review the circumstances surrounding your wrongful death claim and advise you on the correct filing deadline for your situation. Don’t delay. Call for a case review today so you don’t miss out on the compensation you’re owed.
What Damages Can Be Recovered in a California Wrongful Death Lawsuit?
Damages refer to the financial losses a family suffers following the death of a loved one, as well as to the pain, suffering, and loss of consortium they endure. A court will consider both economic and non-economic damages when awarding settlement amounts.
Economic Damages
Economic damages compensate a family for the monetary losses they have suffered. These include:
- Medical expenses associated with the deceased person’s care including ambulance service and hospital bills
- Funeral and burial or cremation costs
- Compensation to repair or replace damaged property
- Victim’s lost wages and loss of future earning potential to support dependents
Non-Economic Damages
Non-economic damages refer to the compensation a victim and their family is owed for distress and mental anguish, including:
- Pain and suffering for the physical discomfort of the victim prior to death
- Emotional distress of the victim and surviving family members
- Loss of consortium to compensate a surviving spouse or domestic partner for loss of the marital relationship
- Loss of enjoyment of life
Hire a San Diego Personal Injury Attorney
Wrongful death lawsuits are complex matters that require the expertise of legal professionals. KDC Injury Lawyers are your trusted legal advocates in North San Diego and Carlsbad. We take the time required to push settlements to their actual limits. Let us assist you in recovering the compensation rightfully owed to your family. Call today to request a free consultation.