Understanding Wrongful Death Lawsuits
When an individual has died as a result of certain actions of another individual or entity, their surviving family or dependants may file a wrongful death lawsuit.
Navigating the legal process of wrongful death raises many questions, some of which this article will answer. Disclaimer: The content of this website or any blog is for information or educational purposes only. Nothing on this website or blog should be considered legal advice for any individual case or matter. This information is not intended to create, and receipt or viewing does not constitute, an attorney-client relationship.
What Is Wrongful Death?
A wrongful death cause of action is a civil lawsuit that family members and dependents can bring against individuals who have caused the death of another person by negligent, reckless, or intentional acts.
To constitute the death as “wrongful” as a result of negligence, the plaintiff must prove the following: (1) the defendant had a duty of care; (2) the defendant breached their duty of care; (3) the defendant’s breach of their duty of care caused the decedent’s death; (4) there are damages. An example of wrongful death caused by negligence would be the defendant having breached their duty of care to drive safely on public roads by texting while driving, resulting in a fatal car accident.
Wrongful death may be the result of recklessness, where the defendant has maliciously or willfully engaged in an act that put others in danger, such as drunk driving.
Wrongful death may be caused by intentional wrongful acts, which include, but are not limited to: assault, battery, murder.
Common wrongful acts include, but are not limited to: medical malpractice, elder abuse, child abuse or neglect, production of defective products, drownings, manslaughter, and slip-and-fall accidents.
How Do I Sue For Wrongful Death?
The spouse, domestic partner, children, or other dependents of the deceased may sue for wrongful death. If the partner and children are deceased, California’s intestate succession laws state that grandchildren, siblings, and parents may file a wrongful death claim.
It is important to note that the right to file a wrongful death lawsuit is limited to a time period of 2 years from the date of the deceased’s passing.
What Damages Can Be Recovered In A Wrongful Death Case?
Economic and non-economic damages will be assessed and awarded on the facts, based on factors including the decedent’s age and line of work.
Economic damages may include financial support, loss of household services, loss of benefits or gifts, and expenses related to funeral or burial services.
Non-economic damages may include loss of companionship, loss of moral support, loss of comfort, affection, and protection, loss of intimate relations, and loss of guidance and training.
California does not allow punitive damages to be awarded unless the wrongful death was the result of a felony homicide. However, California allows punitive damages to be awarded in a survival act.
What Is A Survival Act?
A survival act is an additional claim filed if the decedent does not die immediately from the accident or event. A survival act is distinct and separate from a wrongful death claim, despite arising from the same act or event.
Both wrongful death claims and survival acts are filed against the defendant. A wrongful death lawsuit seeks to restore justice by awarding compensation to the family members themselves who claim losses, whereas a survival act seeks to restore justice by awarding compensation to the decedent’s estate for the losses sustained immediately after the wrongful act, until they passed.
Damages recovered in a survival act may include medical bills, lost wages between the date of the act or event and the time of death, and property damage from the act or event.
How Do I Win A Wrongful Death Lawsuit?
If your loved one has died as a result of what you believe to be wrongful death, it is best to hire an attorney to fight for you and your family’s right to be compensated for the wrongful death of your loved one.
If you have been served a wrongful death lawsuit and wish to defend yourself, it is best to hire an attorney to professionally build the facts of your defense.
If you have any questions about a wrongful death claim or survival act, call San Diego Wrongful Death Attorney Christopher Villasenor to help you with next steps.
Call Us Today: 619-375-2956
Email Us: chris@sdlawfirm.net