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If an individual loses their life due to another party’s negligent actions, the surviving family members and the surviving spouse may file a wrongful death claim, subject to eligibility and depending on the case. Wrongful death lawsuits allow eligible family members to seek financial compensation following a wrongful death. The damages available in wrongful death cases include funeral expenses, lost wages, and loss of companionship or consortium.
Contact our wrongful death lawyers for a free initial consultation if you have lost a loved one in a fatal accident. The attorneys at our law firm have decades of experience representing clients in wrongful death cases. Call (888) 488-1391 to learn more about the legal services offered by our experienced legal team.
Can I File A Wrongful Death Claim?
If an individual loses their life due to the negligent actions of another party, you may be able to file a wrongful death claim if you are an eligible surviving family member of the deceased. The types of negligent actions may include an operator of a motor vehicle, an employee of a restaurant or bar who served alcoholic beverages to a person who drove while intoxicated, and a medical doctor who injured a patient.
Every state has its statute of limitations for wrongful death cases. State statutes specify which parties may file wrongful death claims and outline the limits on any damages that may be awarded. Wrongful death cases exist to help address the loss suffered by surviving spouses and orphans. If you lost a loved one in a fatal crash, our car accident lawyers can guide you through the process.
The Various Types Of Damages Claimed In Wrongful Death Lawsuits
Two categories of damages may arise when a person dies due to another party’s negligence, depending on the type of claim filed. A survival action, filed by the decedent’s estate, addresses losses suffered by the decedent from the time of the incident until the time of death. In a typical wrongful death case involving an automobile collision, this period covers the time between the accident and the individual’s time of passing.
Individuals may succumb to death hours, weeks, or even months after a motor vehicle collision. Specific damages related to this period may include medical expenses and the decedent’s lost income before death. Under current California law, a survival action may also include the decedent’s pain and suffering. Funeral and burial expenses may also be pursued, typically through the wrongful death claim.
The second category of damages does not relate to the decedent at all but to the experiences of the decedent’s relatives after the death. These damages allow eligible surviving family members to seek financial compensation for their own losses.
The majority of these damages relate to the income and support the decedent would have provided if they had lived. These may include the decedent’s expected earnings and the value of household services and guidance they would have contributed. Surviving family members may also be able to pursue compensation for the loss of companionship, care, and support resulting from the death.
Learn More About Economic Damages & Non-Economic Damages In Personal Injury Lawsuits
Wrongful Death Claims: The Elements
Plaintiffs must demonstrate specific elements to establish a wrongful death claim:
- The death of a person was caused by another party’s negligent or wrongful act.
- Surviving family members or the decedent’s estate have suffered losses as a result of the death.
- A personal representative may need to be appointed to represent the estate, depending on state law.
Wrongful death lawsuits may come about in many different scenarios. The following situations are often relevant to a wrongful death claim:
- A decedent dying while being supervised by another person.
- Criminal conduct.
- Exposure to unreasonably dangerous conditions or substances at work.
- Aviation accidents.
- Motor vehicle collisions.
- Medical malpractice that causes a patient’s death.
Which Individuals Can Pursue Damages In Wrongful Death Lawsuits?
To determine the amount of damages in a wrongful death case, courts will examine various elements related to the decedent and their connections with surviving relatives. The following parties may be able to file a wrongful death claim, subject to eligibility:
- Parents of Minor Children — Parents may be able to pursue compensation related to the loss of companionship, care, and support, depending on the circumstances and applicable law.
- Children — Children may be able to seek damages for the loss of financial support, guidance, companionship, and other benefits they would have received from the decedent, subject to legal requirements and evidence supporting such claims.
- Spouses — Surviving spouses may pursue damages for the loss of the decedent’s companionship, comfort, care, and support. These losses reflect the impact of death on the marital relationship. California does not allow recovery for a surviving spouse’s individual pain and suffering or loss of consortium in a wrongful death claim.
If extremely negligent or malicious behavior resulted in a fatality, a court might award punitive damages to the survivors. Punitive damages may be available in rare cases involving particularly extreme conduct, but these awards depend on specific circumstances and are determined at the court’s discretion.
The Categories Of Damages
In a wrongful death case, three kinds of damages may be available to claimants: economic, non-economic, and punitive.
Economic Damages
Economic damages in a California death case refer to the monetary support the decedent would have provided to the surviving family members if the decedent had survived. Economic damages may include the following:
- The value of the household services the decedent would have provided.
- Financial support the decedent was expected to contribute over their lifetime.
- Benefits the decedent would have provided, such as health insurance or pension contributions.
- Gifts or financial contributions the decedent would likely have made.
- A potential loss of inheritance, if supported by evidence.
- Burial and funeral expenses.
Non-Economic Damages
Although less direct, non-economic damages can sometimes have more monetary value than economic damages. Non-economic damages include the following:
- Deprivation of the decedent’s companionship, comfort, and care.
- The loss of the decedent’s protection, guidance, and moral support.
- Impact of losing the decedent’s household contributions and shared life experiences.
- The absence of the decedent’s affection and emotional support within the family.
Punitive Damages
Courts may award punitive damages to penalize defendants whose conduct involves malice, oppression, fraud, or a willful and conscious disregard for the safety of others. Some states limit or prohibit the recovery of punitive damages, and these damages are generally not recoverable against governmental entities. Treble damages, calculated as three times the actual damages, may be available in specific statutory cases, such as certain claims involving elder abuse, depending on the applicable law and evidence.
Attorneys’ Fees & Interest
Some jurisdictions permit survivors to seek pre-judgment interest on specific damages, contingent upon applicable statutes and the nature of the claim. In limited situations, particular laws may also permit individuals to pursue attorney’s fees and litigation costs, but this typically requires a statutory basis rather than a general court order.
Contact our California law firm if you or a loved one has suffered due to the death of a family member. The personal injury attorneys at Arash Law have decades of experience representing clients throughout California, advocating for their rights before the at-fault parties and their insurers. Call us at (888) 488-1391 to schedule a free initial consultation with our wrongful death attorneys.
The Deadlines For Bringing Wrongful Death Claims
Each state sets its own statute of limitations, which determines the time frame within which a party must file a lawsuit. These deadlines vary by jurisdiction. In California, the general statute of limitations is two years from the date of death.
The statute of limitations may be shorter than two years in specific circumstances. Minors must abide by particular rules because they typically have two years from the day they reach adulthood to file a lawsuit. Special rules also apply to those with developmental disabilities and cases related to intentional torts and fraud.
California may apply the discovery rule in specific wrongful death cases. Under this rule, the statute of limitations begins when the plaintiff reasonably should have discovered the cause of death, rather than the date of death. This exception is often applied in medical malpractice wrongful death cases, where the connection between the death and the alleged negligence is not immediately clear.
California also applies statutes of repose in certain areas, such as medical malpractice, product liability, and construction defect claims, which establish absolute filing deadlines regardless of the discovery period. In wrongful death litigation, families may also bring a separate survival action, which seeks damages the decedent sustained between the injury and the time of death. These damages are distinct from wrongful death damages and are governed by their own statutory rules.
Calculating Damages
It can be challenging to calculate damages in a wrongful death case. Many parties collaborate with expert witnesses, such as economists and forensic accountants, to provide professional opinions on the financial loss involved. These professionals may evaluate the decedent’s expected income, employment benefits, and the financial value of household services they would have provided. Such services can include tasks like transportation, caregiving, educational support, and maintaining the home.
Medical Bills
If the decedent received medical treatment before their death, those expenses may be pursued through a survival action, which allows the estate to seek damages the decedent incurred between the injury and the time of death.
Lost Earnings
In wrongful death cases, eligible surviving family members may seek damages for the financial support the decedent would have contributed had they lived. This includes the portion of the decedent’s expected earnings that would have benefited the household.
Pain And Suffering
Survivors who were personally injured in an accident caused by another party’s negligence may pursue a separate personal injury claim for the physical, mental, and emotional harm they suffered. In contrast, wrongful death claims do not allow recovery for a survivor’s individual pain or suffering. Instead, eligible family members may seek damages related to the loss of the decedent’s companionship, care, support, and financial contributions.
Other Damages Due To The Decedent’s Demise
Depending on the circumstances, surviving family members may also pursue other wrongful death damages, which can include both economic losses and non-economic losses tied to the decedent’s role within the family.
Funeral & Burial Expenses
Funeral and burial costs may be included in a wrongful death claim. These expenses can vary significantly, and eligible family members may seek damages for the reasonable costs associated with the decedent’s services.
Lost Future Earnings
Loved ones may be able to pursue damages for the future financial support the decedent would have provided over their expected lifetime. These damages take into account factors such as age, income, and anticipated household contributions.
Loss Of Consortium Or Companionship
Specific jurisdictions permit a party in a wrongful death lawsuit to claim loss of consortium. A survivor may experience profound emotional loss and devastation due to the loss of a close loved one, such as their marriage partner. Loss of consortium awards can help the party access resources needed to heal from their emotional trauma and psychological suffering.
Calculating Wrongful Death Damages
It is impossible to place a monetary value on a human life. However, during a wrongful death lawsuit, judges and juries must evaluate specific categories of loss recognized under California law. Some of these categories include:
- Contributions the decedent would have made to household services and domestic support.
- Financial assistance the decedent was expected to provide in the future.
- Earning capacity, including the decedent’s anticipated career path and work life.
- Support the decedent had previously offered to the household, when applicable.
- Life expectancy, taking into account the decedent’s age, health, and other relevant factors.
These factors help determine compensation for the losses suffered by surviving family members. Lawyers for wrongful death cases can assist families in presenting evidence and calculating these damages to pursue accountability for their loved one.
Reach Out To Our Injury Firm To Discuss Your Case
Contact Arash Law to schedule a free initial consultation. Our attorneys have years of experience representing clients in wrongful death cases. Call us at (888) 488-1391 or complete our “Do I Have A Case?” form here, and our California wrongful death lawyers will assess your situation to determine if you have a valid claim.
Our accident lawyers serve clients in California, including San Francisco, Riverside, Sacramento, San Jose, Los Angeles, San Diego, Sherman Oaks, and other nearby areas.
