What is a Wrongful Death Case in California?

A wrongful death case is a case where a person dies due to the intentional or negligent act of another, or entity. The law allows relatives, domestic partners, and persons who depend upon the wrongful death victim for support to sue for wrongful death. The issue of who can sue for wrongful death is covered below.

Wrongful death cases are traditionally amongst the most emotionally charged cases in personal injury.

Wrongful death cases can take many forms. For instance; a loved one could be killed in a car or motorcycle accident that was not their fault; a loved one may have been killed due to excessive use of force by the police or a private security agency; a loved one may have been killed due to a dangerous condition on public or private property, including defective roads or improperly placed road signs; a loved one may have been killed due to the defective construction of a building on real property; an unborn child may have died due to the negligence of a doctor, or due to an assault and battery on the mother; a loved one may have been killed due to a defective product, or negligent repair.

A wrongful death case can arise when someone was injured in an accident, and then subsequently dies as a result of their injuries.

TIME LIMIT TO FILE A LAWSUIT FOR YOUR WRONGFUL DEATH (CALIFORNIA STATUTE OF LIMITATIONS)

The present Statute of Limitations for filing a lawsuit for wrongful death in the State of California is two (2) years from the date of the accident or incident causing the wrongful death. If you do not file a lawsuit within two (2) years, you lose your right to sue! CCP § 335.1

There are exceptions to the above rule if the wrongful death was caused by the negligence of a doctor or health care provider, or due to building defects.

If the defendant to the wrongful death action is a governmental entity, a claim must be filed with that governmental entity within 6 months from the date of the accident. If the entity rejects the claim, you must then file a lawsuit within six months from the date of the rejection.

WHO CAN SUE FOR WRONGFUL DEATH

A cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the victims personal representative on their behalf:

(a) The victims surviving spouse, domestic partner, children, and offspring of deceased children, or, if there is no surviving children of the victim, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the victim by intestate succession (a person dying without a will).

(b) Whether or not qualified under (a) above, if they were dependent on the victim, the putative spouse, children of the putative spouse, stepchildren, or parents. 'Putative spouse' means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the victim was valid.

(c) A minor, if, at the time of the victims death, the minor resided for the previous 180 days in the victims household and was dependent on the victim for one-half or more of the minor's support.
As you can see, there are many people that may qualify to sue for wrongful death. Our law firm handles wrongful death cases, and can tell you whether or not you have the right to sue for wrongful death.
Compensation That You Are Entitled To In a Wrongful Death Case WRONGFUL DEATH DAMAGES
Financial Support - The financial support, if any, that the person who was a victim of wrongful death would have contributed to the family during either the life expectancy that the victim had before [his/her] death or the life expectancy of the person who is suing, whichever is shorter.

The Loss of Gifts and Benefits - The loss of gifts or benefits that the person who is suing would have expected to receive from the victim of a wrongful death.
Funeral and Burial Expenses - The cost of funeral and burial expenses.
The Reasonable Value of Household Services - The reasonable value of household services that the victim would have provided
The loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support that the victim would have provided.
The loss of the enjoyment of sexual relations with the victim.
The loss of training and guidance of the victim.

PUNITIVE DAMAGES

Punitive damages (punishment damages) are awardable to the victims estate in an action by the estate representative based on the cause of action the victim would have had if he or she had survived. an example of a case or the estate of a victim can sue for wrongful death with punitive damages would be intentional homicide.


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An Overview of Wrongful Death Laws and California Wrongful Death Attorneys

Wrongful death claims are based on the death caused by someone else's lack of carelessness or another's intentional infliction of physical harm. Death claims can be caused and often are caused by commercial truck accidents, but they can be caused under many different circumstances. They can be caused by electrocution when someone leaves live electric wires exposed, it can be caused by the careless discharge of a gun, it can be caused in motorcycle accidents, by dog attacks, and by medical doctors as well. Surprisingly medical doctors cause an extraordinarily large number of deaths.

Serious injury and wrongful death attorneys in San Diego, California and throughout the state, and probably the whole country, file suits on behalf of families of the deceased against all culprits. The defendants are often just the perpetrator, but sometimes the defendant includes another party. Usually the second party is the person who entrusted the perpetrator with a vehicle or something else that led to the incident. When a commercial truck is involved a second party besides the driver is often the employer. Usually it is a natural person, but sometimes it is a corporation or other business entity. Sometimes the defendant is a government agency such as transit agency. An employee is acting for the employer and unless the act is intentional, the employer is responsible.

These type of cases are all actionable, meaning a lawsuit can be brought for money damages or wrongful death compensation. Initially most families don't even consider filing a lawsuit, because of the grief these types of events bring. Many families are also disappointed to find that in most cases there is no criminal prosecution. Even death caused as a result of operating a vehicle while under the influence of drugs or alcohol is prosecuted, and if prosecuted the penalty is minor.

In my experience and in conversations with wrongful death attorneys from San Diego County, a second big problem for the families of the deceased is the lack of insurance coverage for the wrongful acts of the defendant. A Ramona wrongful death attorney complained about the frequent serious injury accidents and wrongful death cases resulting from uninsured or poorly insured drivers. Another from the Coachella Valley, California with cases from Mecca and Thermal reported the same thing.

Sometimes even when commercial vehicles are involved there is no insurance coverage. There was one instance when a bus operator collided with a small vehicle in Carlsbad, California he had no insurance at all. The operator of the bus had no assets and there was little recourse to the families of the deceased. A vista wrongful death attorney reported a similar incident where the defendant was driving under the influence and the insurance on the vehicle had expired and therefore there was no coverage. A San Marcos California wrongful death attorney that practices medical malpractice cites the caps on medical malpractice lawsuits as big problem.

Ironically health care costs continue to rise despite the caps on medical malpractice lawsuits. California has a cap of $250,000, which is adding insult to injury to a family that may have no only companion, husband, and father of children, but who may have lost their sole provider and will now suffer economically. There are no caps in cases involving car accidents or truck accidents or even wrongful death from dog attacks, but California only requires $15,000 insurance coverage and similar coverage exists throughout the country. The small amounts of coverage are clearly insufficient to be of any help to a struggling family, especially when there are children involved.

A third problem is the statute of limitations, especially when the defendant is a government agency. In California the families, must file a claim very quickly, because the time limit is often as little as six months. These rules are truly unfair to the families of the deceased, since most families are still grieving six months down the road and often have not even considered filing a lawsuit. Families of the deceased should contact an attorney right away, especially when there are children that were dependent on the deceased.
A wrongful death attorney is usually not an attorney limited to wrongful death cases, but rather one that practices wrongful death and personal injury, and sometimes another area of law. Most wrongful death attorneys handle cases throughout their state and sometimes go into neighboring states.

There are many factors to consider in choosing a wrongful death attorney and there are many ideas as to how to best select an attorney. My past clients have had the greatest degree of dissatisfaction with wrongful death attorneys, and serious injury truck accident attorneys, when they obtained the attorneys after viewing their TV commercials. Many of my clients that changed attorneys and came to me reported that these law firms were very busy, and that they never spoke with an attorney or that they spoke with an attorney for less than 10 minutes during the entire course of representation. Attorneys are generally busy, but most cases require some degree of communication and should not be too sheltered by paralegals and secretaries.

Clients that initially sought help at large law firms reported the same type of dissatisfaction, once again reporting that these attorneys were too sheltered by paralegals and secretaries. Interestingly I have not had any clients come to me because they felt their former attorney was too inexperienced.


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An Overview of Wrongful Death Under California Personal Injury Statutes

People outside the legal community harbor many misconceptions about California personal injury statutes, California wrongful death statutes and other aspects of the law. Legislators in California and elsewhere write laws with a language all their own, containing Latin phrases, industry-specific usages of common words, long, rambling explanations and codicil that make them devilishly difficult for laymen to understand. This is one of the reasons why people seek the counsel of a personal injury lawyer or a legal professional practicing in another specific field of law.

A simplified definition is that wrongful death occurs when negligence or another type of unjust action on the part of a person or another type of entity results in the death of a person, referred to as a decedent. California wrongful death statutes state that the decedent's survivors, living dependents and/or beneficiaries can recover monetary damages through wrongful death lawsuits in certain situations. As always, the devil is in the details as the phrase "in certain situations" guarantees liberal, and sometimes confounding, use of the aforementioned codicil lawmakers love so much. However, these details are necessary to define specifically when people can pursue a wrongful death claim in order to prevent frivolous litigation and other abuses of the legal system.

Perhaps the instructions provided to juries in wrongful death cases illustrate the best overview of California wrongful death statutes. There were revisions to these instructions in January 2006. They are referred to as CACI 3921: Wrongful Death (Death of an Adult):

If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of decedent], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of decedent]. This compensation is called "damages."
[Name of plaintiff] does not have to prove the exact amount of these damages. However, you must not speculate or guess in awarding damages.
The damages claimed by [name of plaintiff] fall into two categories called economic damages and non-economic damages. You will be asked to state the two categories of damages separately on the verdict form.
[Name of plaintiff] claims the following economic damages:
1. The financial support, if any, that [name of decedent] would have contributed to the family during either the life expectancy that [name of decedent] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter;
2. The loss of gifts or benefits that [name of plaintiff] would have expected to receive from [name of decedent];
3. Funeral and burial expenses; and
4. The reasonable value of household services that [name of decedent] would have provided.

This is only a portion of the complete text of CACI 3921, and juries have many, many other factors that they must consider when debating the merits of wrongful death cases and which, if any, damages can and will be awarded.

California wrongful death statutes of limitations vary depending on the specifics surrounding the death and the status of both plaintiffs and defendants. However, the statute of limitations for a wrongful death in California is usually two years from the date of the death with exceptions for cases involving medical malpractice, government entities, whether or not the injured is a minor and many other specific circumstances. The excerpts provided in this article only hint at the complexities of California personal injury statutes. A more thorough overview would include lots of exemptions, clarifications and long lists of the aforementioned codicil. Suffice it to say that when people believe they have a valid wrongful death claim, their first step is consulting with an experienced personal injury attorney who can explain complex California wrongful death laws in language that is clear and simple.

Mr. Habbas graduated from the University of California Irvine with a Bachelors of Arts degree in political science. He obtained a JD from The Whittier School of Law where he graduated cum laude

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Wrongful Death Lawsuits and Damages

The loss of a family member is impossible to quantify. It involves no only considerable financial losses, but the emotional devastation caused by the loss of a family member cannot be articulated. While wrongful death lawsuits are intended to provide financial compensation to the families of victims of wrongful death, it is difficult to state just how much these individuals should receive in damages from the person or entity responsible for their loved one's death.

Although winning a wrongful death lawsuit can never erase the pain of losing a loved one, it can help ease the financial pain felt by family members as well help them feel a greater sense of justice concerning the death.
In wrongful death lawsuits, the families of the deceased may site a number of different types of damages. The damages that can be declared vary greatly from state to state, but may include:

• Any hospital expenses, home care or other medical expenses resulting from medical care for the victim prior to the death.
• Sorrow and mental anguish caused by the loss of companionship felt after the death
• Compensation for loss of income that was brought in by the victim
• Loss of services, protection, care or assistance which were provided to beneficiaries by the victim
• Loss of future earnings that would have been made by the victim
• Loss of medical benefits
• Loss of inheritance
• Pain and suffering
• Funeral expenses up to a certain point

Wrongful death lawsuits are typically very difficult for families to participate in as the wound of the death is often still very fresh, but in the long run they can help out immensely with the staggering costs that accompany unexpected deaths.


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Wrongful Death Suits in Texas

Unfortunately, in some cases, personal injury can be severe and result in death. Losing a loved one becomes even more difficult to cope with when your loved one's life is unexpectedly taken and the circumstances causing death might have been prevented. Whether your loved one lost their life by an 18 wheeler accident, through medical neglect or any injury related incident, you have the right to seek compensation for the pain and suffering you must endure as a result of someone else's negligence. We strongly encourage you to speak to an experienced wrongful death attorney. Your attorney should properly advocate for your family's rights and provide the best possible advice/outcome for survivors

What Is a "Wrongful Death" Suit?
A wrongful death suit is a civil action which charges another with being liable for injury resulting in another's death by reason of negligent actions or a failure to act which could foreseeably result in death. The plaintiff (the executor or administrator of the estate of the decedent, family member, or spouse) must prove that the decedent would not have died but for the negligence of the defendant. In Texas, wrongful death suits exist because the Legislature has passed a law permitting them, and so these suits are controlled by and limited by this law.

Does Every Death Result in a Lawsuit?
Of course, not every accidental death case results in a successful claim. However, you're strongly recommended that you discuss your wrongful death claim with an experienced Austin personal injury attorney. This consultation is will help you understand in which of the following areas you may be able to receive compensation such as: your loved one's pain and suffering before death, a lifetime of lost earnings, medical expenses , property damage, death, loss of consortium (spousal services) and/or punitive damages.

Who Can Recover in a Wrongful Death Suit?
A wrongful death suit is intended to compensate a surviving spouse, next of kin, or children of a person who is unexpectedly killed. Economic damages in a wrongful death case include an award for the financial contributions which the decedent would have made to the surviving spouse, children and/or parents had he or she survived. Compensatory damages, which are intended to make restitution for the amount of money lost, are the most common damages awarded in wrongful death actions. If you prevail in a wrongful death suit, you may recover medical and funeral expenses in addition to the amount of economic support you could have received if the decedent had lived and, in some instances, a sum of money to compensate for grief or even companionship. Non-economic damages include loss of love, society, companionship, comfort, affection, solace or moral support.


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Wrongful Death Claims - Determining Damages and Legal Rights

Wrongful death situations can be extremely difficult to deal with. Coming to terms with the loss of a friend or family member is difficult no matter what the circumstances, but to have to consider the event was caused by the negligence or wrongdoing of another person or company can make the situation all the more tense and heated.

Whether you are currently embroiled in a wrongful death encounter or simply wish to learn more about the legal aspects of such a case, it is wise to do as much research as you can and come in contact with the best wrongful death lawyer available in your area.

In order to better understand when wrongful death is an appropriate descriptor for a fatality, let's look at some of the criteria and circumstances where it can occur.

When is it Wrongful Death?
For a situation to be deemed 'wrongful death', there has to be an outside party that is particularly responsible. This responsibility can come in the form of negligence or direct action taken to harm the victim.
One interesting factor for wrongful death cases is that not only individuals are liable, but companies as well. For example, there are multiple precedents in the past where victim's families sued tobacco companies for not properly warning users about the lethality of their product.

Similarly, if a company were to consciously make decisions to neglect safety precautions on the job, or otherwise provide serious hazard risks at work, wrongful death could be brought into consideration.
When it comes to one individual vs another, the circumstances are generally much more direct. Whether that individual is a coworker, friend, or stranger who's actions caused the victim harm, individuals are liable for the results of their actions.

What Kind of Damages Are Available?
Most wrongful death suits are used to determine pecuniary loss. This is mostly to determine what kind of wages the victim would have earned to support family members, or what prospects he/she might have had that loved ones are now entitled to.

If the circumstances of the death were particularly aggressive or malicious on the account of the guilty party, the family may also sue for punitive damages. This is much more rare and every state has their own set of rules in determining punitive damages.

What Legal Rights Do Loved Ones Have?
It can be difficult to determine what rights the family has to sue without specific knowledge of the case. Therefore, it is important to collect as much evidence and as many witnesses as possible. The family should contact a skilled wrongful death attorney in their area as quickly as possible, as there are certain time restrictions on what kind of lawsuits can be brought to court.

Remember, every state in the U.S. has different specific rules on the books for what kind of remuneration can be pursued and what actions should be taken by the victim's surviving loved ones. Find an attorney who will consult your case (preferably for free) to determine how you should proceed.


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About Wrongful Death

Losing a loved one is always hard. It can be particularly difficult to cope with this situation if the death was the result of another person's malicious intent or negligence, and was therefore avoidable. Such a fatality is known as "wrongful death," and if someone close to you has suffered such a casualty, then you have the right to claim damages for your tragic loss.

Causes
Wrongful death, unfortunately, can result from a number of different accidents and situations. Some of the more common causes of this phenomenon include the following:
·         Motor vehicle accidents
·         Assault and attacks
·         Criminal behavior
·         Medical malpractice
·         On-the job exposure to dangerous chemicals or situations
If someone you love has been a victim of wrongful death, then you have the right to make a claim against the person responsible for your devastating loss.

Elements of a Successful Case
In order to bring forth a successful claim, you need to prove that the following elements are all present:              
·         Someone close to you has died
·         This death was caused by another person's negligence or malicious intent
·         You, as a family member, suffered damages as the result of this death
·         A personal representative has been appointed to represent your lost one's estate
Wrongful death claims can be extremely hard on family members because, aside from experiencing their unfortunate and unexpected loss, disputes may also arise among them about the distribution of the incurred damages. With the help of a capable attorney, however, you can entrust that the monetary side of the situation will be taken care of as it should.

Damages Collected in a Wrongful Death Claim
In wrongful death situation, all beneficiaries (family members) of the deceased have likely suffered a great deal of damages. When you make your claim, you may be able to recover compensation for the following losses:
·         Medical bills
·         Funeral bills
·         Loss of future wages of the deceased
·         Loss of companionship
·         Loss of benefits
Because these cases can be very complicated, you will need the help of a skilled and experienced attorney to help you claim all of the compensation that you deserve.


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