After losing a close family member, relative, or friend, the last thing you expect to have to deal with is a lawsuit. But if someone else is responsible for causing your loved one’s death, this is your opportunity to demand justice. An experienced, wrongful death lawyer can handle the legalities of your case. But that doesn’t mean you shouldn’t be prepared for what’s to come.
With that in mind, continue reading to learn more about what it means to file a wrongful death claim, who has the right to pursue a wrongful death lawsuit in California, and what damages you might be able to recover.
What Is a Wrongful Death Lawsuit?
Filing a wrongful death claim means you are filing a civil lawsuit. This differs greatly from any criminal charges the state might file against the person or persons who are responsible for causing your loved one’s death. When you file a wrongful death claim, you are seeking compensation from the at-fault party. This is how they can be held accountable for their reckless or irresponsible actions in civil court.
Depending on the circumstances of your loved one’s death, the liable party may also face criminal penalties such as restitution and fines, jail, or prison time, to name a few. In order to win your wrongful death lawsuit, your lawyer will need to prove based on a preponderance of the evidence that the accused party is to blame for your family member’s death. It doesn’t matter if their actions were intentional or accidental—their actions caused your loved one’s death and they should be held accountable accordingly.
Who Can File a CA Wrongful Death Claim?
By now, you might be ready to get in touch with an attorney and get your claim filed as soon as possible. But before you do, you need to find out whether you have the authority to file a claim in this case.
Under California law, only the decedent’s surviving spouse can file a wrongful death claim. If the deceased was not married, their adult children have the right to file the wrongful death lawsuit.
If the decedent does not have anyone in their line of descent to file the claim, anyone who might have the right to inherit the decedent’s estate, or who might have been financially dependent on the decedent, may have the authority to pursue a wrongful death claim.
If you are unclear about whether you can move forward with your case, the best way to find out is through a respected, wrongful death attorney.
Recoverable Damages In a Wrongful Death Lawsuit
There is no limit to the amount of compensation you could be awarded in a California wrongful death lawsuit. Families have the right to be compensated for both economic (or monetary) and non-economic (non-monetary) loss. Some of the most commonly sought after types of economic damages include:
- Funeral expenses
- Burial expenses
- Medical expenses and equipment
- Lost wages, benefits, and earning capacity
- Loss of inheritance or gifts
- Costs of child care
- Costs of household maintenance
Non-economic damages do not have a set monetary value. But that doesn’t mean they are not valuable. Some of the various non-economic damages you could seek in your wrongful death claim include:
- Loss of companionship and comfort
- Loss of closeness, intimacy, and love
- Loss of society and support
- Loss of guidance and advice
- Pain and suffering
- Emotional distress and anguish
It is also possible you could be awarded punitive damages. But these are only awarded when the court finds that the actions of the defense were reprehensible. Punitive damages are the court system’s way of punishing egregious actions.
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