Nine Things to Know About Wrongful Death Lawsuits In California

It’s hard to imagine anything worse than losing a loved one. And often in the midst of deep personal grief, there is a realization that your family’s financial security may be threatened by the death of your family member. Luckily, the State of California has provided, by statute, the opportunity for a loved one to receive compensation for a wrongful death. Here are 10 important facts to understand about wrongful death in California.

What Is A Wrongful Death Action?

A wrongful death action is a legal cause of action that allows a person to file a lawsuit if his or her family member has been killed, accidentally or intentionally, by the act of another. This cause of action and the relevant procedures are set forth in California Code of Civil Procedure. The wrongful act can be caused by negligence, such as a car accident, by medical malpractice, or by an intentional act. 

Who Can Take Advantage of the Wrongful Death Statute? 

A spouse, a partner, children or grandchildren can take advantage of the wrongful death statute in California. If there are no heirs at law, others who could inherit, such as parents and siblings, may bring a wrongful death action. The remedy is solely money damages. However, in certain cases, a defendant may be charged with a criminal action, such as driving under the influence. In this type of case, the defendant can be charged criminally by the state, and can also be the subject of a civil wrongful death action by the deceased’s family members. 

What Is The Standard of Evidence That Must Be Proven?

In most civil lawsuits, including wrongful death cases, the defendant’s liability need only be shown by a “preponderance of the evidence.” Under this legal standard, the plaintiff must show it’s more likely than not that the defendant is responsible for the decedent’s death. Note that if the defendant is also being charged by the state under a criminal statute, the state must show “beyond a reasonable doubt” that the defendant is guilty of the crime charged. 

What Damages Can I Recover?

Specifically, the law states that damages in a wrongful death case fall into two categories: economic and non-economic. 

Economic damages can include:

• Any financial support the decedent would have contributed to the family (with awards of future support reduced to present cash value)
• Loss of gifts or benefits that family members expected to receive from the decedent
• The decedent’s funeral and burial expenses
• The reasonable dollar value of household services that the decedent would have provided

Non-economic damages typically include the dollar values of:

• Loss of the decedent’s “love, companionship, comfort, care, assistance, protection, affection, society, and moral support”
• The spouse or partner’s loss of the enjoyment of intimacy with the decedent
• Loss of the decedent’s guidance

These non-economic damages are often much more difficult to quantify.

Note that there’s no general cap on damages in a California wrongful death lawsuit. But the state’s limitation on medical malpractice damages does apply to a wrongful death claim resulting from medical malpractice injuries.

It is possible to obtain punitive damages in California if the defendant’s behavior was particularly egregious. Your attorney will help you make a decision about whether to file for punitive damages. 

How Long Do I Have to File a California Wrongful Death Lawsuit?

Like most personal injury actions in California, there is generally a two-year statute of limitations to bring a lawsuit. Certain exceptions apply, including in the case of medical malpractice, and for minors who will be bringing a wrongful death action. Because these cases require a lot of preparation, it’s important to act promptly to hire a Santa Ana wrongful death attorney. Two years is not a long period of time for investigation and discovery of the matter, including depositions and interrogatories. 

Will I Need To Go To Court?

Like most personal injury lawsuits, the vast majority of cases settle, well over 90%. So it’s unlikely you will need to go to court. Still, it’s important that your attorney prepare your case in a thorough and comprehensive fashion so that you are in the best position to win your wrongful death lawsuit if the case proceeds to trial. 

How Do Insurance Companies Get Involved?

In many situations, insurance companies are involved. For example, in the case of a wrongful death due to negligence on the part of a truck driver, the trucking company’s insurance company will often take the lead role in determining whether to settle, and for how much. Similarly, in the case of a wrongful death action brought due to fire in an office building that resulted in death, the office building will likely have an insurance company covering these types of losses. It’s important to remember that it is the job of the insurance adjuster to make as low of a payout as possible. The adjuster

 will likely dispute liability, and attempt to get you to settle for an unrealistically low amount.

Is It Necessary To Hire A Lawyer?

It’s not “necessary” to hire a lawyer to represent you. In fact, in California, you can represent yourself in a California wrongful death action. However, this is not recommended. There are many procedures and deadlines to understand and comply with, and failure to meet these requirements can result in your case being dismissed. Working with an experienced attorney is the best way to ensure the best possible result for you and your family.

How Will I Afford A Lawyer?

Most lawyers will take your case on a contingency basis if they believe you have a winnable case. This means that you won’t pay anything until you receive compensation. Your attorney will then take a percentage of these damages. 

Contact The Law Offices of Benjamin Arsenian

Here at the Law Offices of Benjamin Arsenian, we have the expertise and empathy to help you through your wrongful death lawsuit. Whether the death involves a car accident or some other type of personal injury, we put our clients first in order to achieve the best possible resolution. Contact us today for a confidential consultation.