Wrongful Death

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Wrongful Death Lawsuits

In California, wrongful death actions are largely governed by statute.  To succeed in a wrongful death lawsuit, the plaintiff must prove that the deceased person (the “decedent”) was killed due to the negligence or misconduct of another person or entity.  The action can be brought by the representative of the decedent’s estate on behalf of immediate family members such as children, spouses, parents or domestic partners.  (Cal. Code Civ. Proc. §377.60)     

One of the main goals behind California wrongful death statutes is to compensate the plaintiffs for the personal and financial losses they suffer as a result of the death.  The amount of damages that may be available in a wrongful death lawsuit can vary significantly from case to case.  Generally, recovery will be allowed for both economic and non-economic losses.  Economic damages may include things like loss of financial support, lost earnings, lost prospect of inheritance, funeral costs, and medical expenses.  Expert testimony is typically required to help determine the amount of economic losses in a wrongful death case.  Non-economic damages, as their name implies, relate to the non-financial harm suffered by the plaintiffs, such as loss of guidance, moral support, comfort, care and companionship. 

Every wrongful death case is different and the unique facts surrounding the case will determine the evidence needed to prove the plaintiff’s claim and the amount of damages which may be available.  Wrongful death cases can be extremely complex and typically require extensive work and testimony from a variety of different experts.    

In addition to the wrongful death claim, in some circumstances the decedent’s personal representative or successor in interest can bring a personal injury action seeking to recover for certain losses or damages that the decedent sustained or incurred before death.  The right to bring such personal injury actions survives the death and thus they are sometimes referred to as “survival actions.”  While California law currently does not allow recovery for pain, suffering or disfigurement in such cases, it does permit recovery of other damages including any penalties, punitive damages, or exemplary damages that the decedent would have been entitled to recover had they lived.  (Cal. Code Civ. Proc. §377.34)  If the actions which caused the death were also a crime, criminal punishment for the responsible parties may be separately pursued by the government. 

It is vital that personal injury and wrongful death claims be filed before the expiration of the applicable statute of limitations.  Statutes of limitation are laws which limit the amount of time a person had to file a lawsuit and they must be strictly complied with.  If a lawsuit is not filed within the time provided, the claim will be forever barred and the plaintiff will not be entitled to any recovery.   

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