A wrongful death claim is a legal action brought by the surviving family members or beneficiaries of a deceased person against the party or parties whose negligent, reckless, or intentional actions caused the death. The purpose of this claim is to seek compensation for the losses and damages suffered by the survivors due to their loved one’s untimely death.

Legal Basis

In California, wrongful death claims are governed by the California Code of Civil Procedure § 377.60. This statute provides the legal framework for who can file a wrongful death lawsuit and what types of damages can be recovered.

• Eligibility: The law specifies that certain family members, including the deceased person’s spouse, domestic partner, children, and in some cases, other dependents or heirs, are eligible to file a wrongful death claim.
• Case Law: Various case laws in California have further clarified and interpreted the wrongful death statute, shaping how courts view these claims. For example, case law addresses issues like the extent of damages recoverable and the standards for proving negligence or intentional harm.

Relevant Statutes:

• Statute of Limitations: Under California law, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person’s death. This means the lawsuit must be initiated within this period to be considered valid.
• Burden of Proof: The plaintiffs in a wrongful death claim must prove that the defendant’s actions or negligence directly caused the death of their loved one. This involves demonstrating a duty of care, breach of that duty, causation, and resulting damages.

Who Can File a Wrongful Death Claim?

Eligible Parties

Under California law, several parties are eligible to file a wrongful death claim. These parties are typically close family members or dependents who have suffered emotionally and financially from the loss of their loved one. The following individuals are generally allowed to file a wrongful death claim:

• Spouses: The surviving spouse or domestic partner of the deceased person has the right to file a wrongful death claim.
• Children: The deceased person’s surviving children, including biological and legally adopted children, are also eligible to file a claim.
• Parents: If the deceased person did not have a surviving spouse or children, the parents may file a wrongful death claim.
• Other Dependents: Individuals who were financially dependent on the deceased person, such as stepchildren, putative spouses (someone who believed in good faith that they were married to the deceased), and other minors who lived in the household for at least 180 days before the death and were dependent on the deceased for at least 50% of their financial support, may also be eligible to file a claim.

Priority of Claimants

California law establishes a specific hierarchy to determine who has the primary right to file a wrongful death claim. This hierarchy ensures that the most directly impacted individuals have the opportunity to seek compensation first. The priority of claimants is as follows:

1. Surviving Spouse or Domestic Partner and Children: The primary right to file a wrongful death claim belongs to the surviving spouse or domestic partner and the deceased’s children. They are given priority because they are typically the closest relatives and are likely to suffer the most significant financial and emotional impact.
2. Surviving Parents: If the deceased person did not have a surviving spouse, domestic partner, or children, the right to file a claim extends to the surviving parents.
3. Other Heirs or Dependents: In the absence of a surviving spouse, domestic partner, children, or parents, other heirs or dependents who were financially dependent on the deceased may have the right to file a wrongful death claim.

Types of Compensation Available

Economic Damages

Economic damages in a wrongful death claim are intended to compensate the surviving family members for the financial losses they have incurred as a result of their loved one's death. These damages are quantifiable and typically include:

• Medical Expenses: Covers the cost of medical treatment related to the deceased's injury or illness prior to their death. This can include hospital bills, surgeries, medications, and any other healthcare-related expenses.
• Funeral and Burial Costs: Compensation for the reasonable expenses incurred for the funeral and burial services of the deceased.
• Loss of Financial Support: This includes the income that the deceased would have provided to their family had they lived. It takes into account the deceased's earnings, benefits, and the expected contributions to the household.
• Lost Wages: Compensation for the income lost between the time of the injury and the deceased’s death, including any potential future earnings.
• Loss of Benefits: Covers the loss of benefits such as health insurance, pension plans, and retirement benefits that the deceased would have contributed to the family.

Non-Economic Damages

Non-economic damages are awarded to compensate for the intangible losses suffered by the surviving family members. These damages are more subjective and can include:

• Loss of Companionship: Compensation for the loss of the deceased’s companionship, care, and affection. This is particularly relevant for spouses, children, and parents.
• Emotional Distress: Compensation for the mental anguish, grief, and emotional suffering experienced by the surviving family members due to the death of their loved one.
• Loss of Consortium: Specifically for spouses, this covers the loss of marital relations and the emotional and physical companionship that the spouse would have provided.
• Loss of Guidance and Support: For children, this compensates for the loss of parental guidance, support, and nurturing that the deceased would have provided.

Punitive Damages

Punitive damages are not awarded in every wrongful death case. They are intended to punish the defendant for particularly egregious conduct and to deter similar behavior in the future. The circumstances under which punitive damages may be awarded include:

• Extreme Negligence: If the defendant’s actions are found to be grossly negligent, showing a blatant disregard for the safety and well-being of others, punitive damages may be considered.
• Intentional Harm: In cases where the death resulted from intentional or malicious actions, such as homicide, punitive damages can be pursued.
• Corporate Malfeasance: If a company’s deliberate and wrongful conduct, such as knowingly selling defective products or violating safety regulations, led to the death, punitive damages may be appropriate.

The Legal Process for Filing a Wrongful Death Claim

Consulting an Attorney

Importance of Seeking Legal Advice:

• Expert Guidance: Consulting an experienced wrongful death attorney is crucial to navigate the complexities of the legal system. An attorney can provide expert guidance on the viability of your claim, the types of damages you can seek, and the appropriate legal strategy.
• Understanding Rights: An attorney helps you understand your legal rights and the steps you need to take to protect those rights.
• Emotional Support: Dealing with the loss of a loved one is emotionally challenging. An attorney can provide support and handle the legal aspects, allowing you to focus on healing and family matters.

Investigation

Steps Involved in Investigating the Claim:

• Gathering Evidence: Collect all relevant evidence, such as medical records, accident reports, photographs, and any physical evidence related to the death.
• Interviewing Witnesses: Speak with witnesses who can provide crucial information about the circumstances leading to the death. This includes eyewitnesses, medical professionals, and others with relevant knowledge.
• Consulting Experts: Engage experts such as accident reconstructionists, medical experts, and financial analysts to provide specialized insights and strengthen the claim.
• Documentation: Compile all documents and evidence to build a comprehensive case file.

Filing the Claim

Process of Filing the Claim in Court:

• Preparing the Complaint: Draft a legal complaint outlining the details of the case, including the facts, legal basis for the claim, and the damages being sought.
• Filing the Complaint: Submit the complaint to the appropriate court to officially start the lawsuit. The complaint must be filed within the statute of limitations, typically two years from the date of death in California.
• Serving the Defendant: Provide the defendant with a copy of the complaint and a summons to appear in court. This is a formal notification that they are being sued.

Discovery Phase

Explaining the Discovery Process:

• Depositions: Conduct depositions where witnesses and parties involved in the case provide sworn testimony. This helps gather detailed information and clarify facts.
• Interrogatories: Send written questions (interrogatories) to the opposing party that they must answer under oath. These questions seek specific information relevant to the case.
• Requests for Documents: Request the production of documents from the opposing party, such as medical records, accident reports, and financial statements, to gather further evidence.
• Expert Reports: Obtain detailed reports from experts who have analyzed evidence and can provide professional opinions supporting the claim.

Settlement Negotiations

Potential for Settlement Negotiations:

• Negotiating a Settlement: Often, wrongful death claims are settled out of court. Attorneys from both sides negotiate to reach a fair settlement that compensates the family for their loss.
• Role of the Attorney: The attorney represents the family’s interests during negotiations, ensuring that any settlement offer is fair and adequate. They provide advice on whether to accept a settlement or proceed to trial.
• Advantages of Settlement: Settling out of court can provide a quicker resolution and reduce the emotional and financial costs associated with a trial.

Trial

What to Expect if the Case Goes to Trial:

• Jury Selection: If the case proceeds to trial, the first step is selecting a jury from the pool of potential jurors.
• Opening Statements: Both sides present opening statements outlining their case and what they intend to prove.
• Presentation of Evidence: The plaintiff’s attorney presents evidence, including witness testimonies, expert reports, and physical evidence, to support the claim. The defense then presents their evidence and witnesses.
• Cross-Examination: Both sides have the opportunity to cross-examine witnesses to challenge their credibility and the validity of their testimony.
• Closing Arguments: After all evidence has been presented, both sides make closing arguments summarizing their case and urging the jury to decide in their favor.
• Jury Deliberation and Verdict: The jury deliberates and reaches a verdict. If they find in favor of the plaintiff, they will determine the amount of damages to be awarded.

Drake Law Firm

If you have lost a loved one due to someone else's negligence, we encourage you to contact Drake Law Firm for a free consultation. Our compassionate and experienced attorneys are here to help you understand your rights and discuss your case. We are dedicated to providing the support and legal representation you need during this challenging time.

Contact Information:

• Phone: 1-844-513-7253
• Los Angeles Office: 19935 Ventura Blvd, 3rd Floor, Woodland Hills, CA 91364
• San Francisco Office: 50 California St, 15th Floor, San Francisco, CA 94111
• Stockton Office: 2291 W. March Lane St, Suite A115, Stockton, CA 95207
• Fresno Office: 5588 N. Palm Ave., Fresno, CA 93704
• Website: Drake Law Group

At Drake Law Firm, we are dedicated to achieving the best possible outcome for our clients. We understand the profound impact that losing a loved one can have on your life, and we are committed to providing personalized attention and expert legal representation. Let us handle the legal complexities while you focus on healing and honoring the memory of your loved one. Contact us today to see how we can help you seek justice and secure the compensation you deserve.