A wrongful death case allows survivors to seek compensation if a family member dies because of someone else’s negligent or reckless actions. Although money cannot make up for a loved one’s tragic death, it can assist survivors who face expenses related to their loved one’s passing.
If you are considering filing a wrongful death claim after a family member’s untimely death, you might wonder what damages you can recover. Keep reading to learn more about wrongful death in California, what compensation is recoverable, and how a wrongful death attorney can help.
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What is Wrongful Death in California?
In California, a wrongful death occurs when a person dies due to another party’s legal fault. Wrongful death claims arise from many of the same circumstances that would lead to a personal injury claim if the deceased survived their injury(s), such as motor vehicle accidents, slip-and-fall incidents, defective product accidents, or physical assault.
A wrongful death claim does not require the at-fault party to have committed a crime. Instead, a party may be liable for wrongful death solely due to negligence.
What Damages Are Recoverable in a Wrongful Death Claim?
In a wrongful death case, claimants may be entitled to economic and non-economic damages. Economic damages include:
- Loss of financial support the decedent would have contributed to their family had they survived
- Loss of gifts or benefits expected from the decedent
- The reasonable value of household services provided by the decedent
- Funeral and burial expenses
Non-economic damages represent the personal loss that surviving family members experience due to a loved one’s death. Recoverable non-economic damages include:
- Loss of the decedent’s love, companionship, comfort, care, assistance, affection, protection, society, and moral support
- Loss of the decedent’s advice and guidance
- Loss of sexual relations with the decedent (recoverable by the decedent’s surviving spouse)
Who Can Receive Compensation From a Wrongful Death Lawsuit?
Various surviving family members may have the right to recover compensation in a wrongful death lawsuit. Under California law, a decedent’s surviving spouse, domestic partner, children, descendants of deceased children, or anyone entitled to the decedent’s property by intestate succession may receive compensation from a wrongful death lawsuit. A personal representative may also file a wrongful death claim for any of these parties.
If the decedent’s parents would be entitled to bring a wrongful death claim but are deceased, the decedent’s legal guardian(s) may file a claim. Additional parties may bring a wrongful death action if they were dependent on the decedent, including:
- The decedent’s “putative” spouse (someone who had good faith, reasonable belief that they had a lawful marriage to the decedent but, in reality, did not have a valid marriage)
- Children of the putative spouse
- The decedent’s stepchildren
- The decedent’s legal guardian(s) if the decedent’s natural parents have died
In California, family members have two years from the date of the victim’s passing to file a wrongful death claim. Certain exceptions may lengthen or shorten the limitations period. The deadline for wrongful death claims against a government entity is shortened to six months. Consult with a wrongful death attorney immediately to learn the time limit that applies in your case.
Get Help From our Wrongful Death Lawyers
If your family has lost a loved one due to someone else’s negligence, seeking justice and accountability for their death can offset financial hardships and provide a measure of closure as you move forward. At Demas Law Group, we want to help. Call or contact us today for a free consultation with a Sacramento wrongful death lawyer.
