How Marsy’s Law Impacts Wrongful Death Claims in California

There is no pain that compares to the agony of losing a loved one because of a brutal attack or other criminal act. Family members deserve justice in these tragic situations, but unfortunately, the path to justice is not easy. A single criminal incident often triggers two separate legal actions, requiring the victim’s family to repeatedly resolve the situation.

The criminal justice system will charge the person responsible with a criminal offense, and that person will face criminal penalties such as a prison sentence. The prosecutor and defense attorneys will focus solely on the accused, using the victims of the crime as tools to achieve their ends. This can be brutal. If the victims want to achieve justice through a case focused on them, they bring a separate wrongful death claim in civil court. It is important to understand how the different cases affect one another, particularly in view of Marsy’s Law.

As a personal injury firm that protects the rights of victims through the process of wrongful death claims as well as the enforcement of Marsy’s Law, the team at the Law Offices of Benjamin Arsenian is uniquely positioned to help families understand how the legal cases intertwine and the most effective ways to obtain justice under the law. Here’s how Marsy’s Law can be used to strengthen and support a wrongful death claim in California.

Understanding Marsy’s Law

The term “Marsy’s Law” is used to refer to the California Victims’ Bill of Rights. Under the law, when someone has been killed, the victim is not just the person subjected to criminal activity but also that person’s spouse, parents, children, and siblings.

Marsy Nicholas was a college student in California who was murdered by a former boyfriend in 1983. Her family was surprised and crushed at the treatment they received at the hands of the California justice system. They were not informed when her accused murderer was let out on bail, and they were shocked to run across him while grocery shopping. Marsy’s brother began championing victims’ rights. It was not until 2008 that the Bill of Rights was enacted, so securing rights for victims of crime and their families took a long, hard struggle.

And the fight is not over. Although Marsy’s Law provides specific rights, victims must take affirmative steps to enforce their rights, or they could lose them.

Marsy’s Law established several basic rights for victims of crime:

• The right to be treated fairly with respect for privacy and dignity
• The right to be free from harassment, abuse, or intimidation during the criminal justice process
• The right to have the victim’s safety considered when bail conditions are set
• The right to be informed of a conviction, sentence, incarceration, or release of the perpetrator, including release on parole (the victim must make a request)
• Protection from having confidential information disclosed that could allow the defendant to locate or harass the victim or the victim’s family
• The right to refuse to be interviewed by a representative of the defendant
• Reasonable notice of the arrest of the suspect and the right to request a conference with the prosecutor
• Reasonable notice of public proceedings concerning the case
• The right to request to speak at a proceeding and to participate in the parole process
• The right to provide information to the probation department before sentencing
• The right to seek and secure restitution

While all of these rights are very important for a victim suffering the emotional trauma of criminal actions, it is the last right that overlaps most with the rights available through the civil justice system in California.

Wrongful Death Claims

A wrongful death claim operates much like a personal injury lawsuit. When someone’s wrongful actions cause a death, the family is allowed to step in and seek damages in the same way that the deceased person would have been able to do if they had survived. They need to prove that someone’s wrongful conduct was the cause of death. Many times, it is negligent or reckless actions that form the basis of a wrongful death claim, but harm deliberately inflicted through criminal action is covered as well.

When a criminal case is being prosecuted against the person who caused the wrongful death, Marsy’s Law gives the victims the right to meet with prosecutors and be informed about progress in the criminal case. This can provide evidence to support the civil wrongful death action.

Damages in Civil Action Compared with Criminal Restitution

Criminal restitution works well in a situation where the criminal action caused purely economic harm. If someone steals a car to go joyriding, crashes it, and totals it, a criminal court can order the responsible person to pay an amount equal to the financial loss.

When a criminal action involves an assault or other act that harms life rather than property, restitution is generally inadequate because it focuses on financial losses. In a civil action for wrongful death, by contrast, the victim’s family can recover amounts for the loss of the person, including the value of their companionship, support, and guidance, as well as the financial support they provided. The damages provided in a wrongful death claim are often much higher than amounts recovered through criminal restitution. But for many families, it is the sensation of seeing justice served that is the most valuable outcome from a wrongful death lawsuit. The judgment often allows a family to find closure and healing.

If You’d Like to Know More About Victims’ Rights or a Civil Claim for Damages, Talk to Benjamin Arsenian

At the Law Office of Benjamin Arsensian, we have extensive experience in both civil and criminal courts, so we know how victims’ rights can be used to further a wrongful death claim or other civil action. We know that families do not want to be seen as trying to profit from the death of a loved one, but a civil action often obtains justice for the family in a way that the criminal system cannot. The burden of proof is lower in a civil case, so even if the defendant is not convicted of a crime, they can still be held liable for damages in a civil suit. For a free, confidential consultation to discuss your rights and how to obtain justice for a wrongful death or other harm, call us at 714-400-2000 or contact us online.