Today’s vehicles come equipped with numerous safety features to protect occupants during a crash. Tragically, the forces involved in a collision are sometimes too powerful for the safety systems to combat, and fatalities occur. The sudden loss of a loved one in a traffic accident can leave a family reeling. Navigating the grieving process while attempting to handle the financial implications of a loved one’s passing can feel overwhelming, and you may have trouble figuring out your next steps.
Although nothing can undo the pain of losing a family member in such a heartbreaking incident, California law does provide avenues for surviving relatives and heirs to pursue a claim against the liable parties. A wrongful death claim allows bereaved family members to seek justice for the untimely passing of their loved one. While no amount of money can truly compensate for the loss of a loved one, a fair settlement can help families regain financial stability and avoid having their anguish compounded by economic struggles. A compassionate California car accident attorney can be a crucial advocate for families throughout the wrongful death claims process.
What is a Wrongful Death Claim?
In California, a wrongful death is defined as a death caused by the negligent, reckless, or intentional actions of another person or entity. The law allows certain surviving family members to file a wrongful death lawsuit to seek compensation for their loss. This legal avenue serves not only to provide financial relief but also acts as a mechanism for promoting accountability and preventing similar tragedies in the future.
While a wrongful death suit may sometimes be filed in conjunction with a criminal case, they are two separate actions. The criminal case’s outcome does not impact the civil suit and vice versa. It’s also vital to note that it is not necessary for the defendant in a wrongful death lawsuit to have committed a crime. Instead, the plaintiff must prove that the victim’s death resulted from negligent acts by the defendant.
What Damages May Be Recovered in a Wrongful Death Action?
Determining appropriate compensation for a wrongful death can be challenging, as the court must consider many factors to arrive at a fair settlement. The compensation in a wrongful death case consists of a combination of economic and non-economic damages. Economic damages are meant to compensate the family for the measurable financial impact of losing their loved one and may include:
- Funeral and burial expenses
- Future earnings the deceased would have provided
- Loss of the financial support the deceased would have contributed to the family
- Loss of benefits, gifts, or inheritances the family would have received from the deceased
- The value of household services the deceased would have performed
Non-economic damages address the intangible losses suffered by family members, such as:
- Loss of love, companionship, assistance, comfort, protection, affection, and care
- Loss of guidance and training the deceased would have provided to children
- Loss of intimacy and relations for a surviving spouse or partner
- Mental anguish and suffering experienced by loved ones
Who Can File a Wrongful Death Claim in California?
Although an individual’s passing may impact many people, the right to pursue a wrongful death claim in California is limited to specific family members. The following people with standing to file are described in the California Code of Civil Procedure § 377.60:
- A surviving spouse or registered domestic partner
- Surviving children
- A putative spouse, the putative spouse’s children, and stepchildren of the deceased, if they were dependent on the decedent’s income
- Dependent minors who lived in the deceased’s household for at least 180 days before the death and were dependent on the deceased for at least half of their support
- Parents or legal guardians of the deceased, if there is no surviving spouse or children
- Other heirs, as defined by California intestate succession laws, if there are no closer surviving relatives
To add to the complexity, California follows a “one action rule,” requiring all eligible family members to join in a single wrongful death lawsuit. A knowledgeable wrongful death attorney’s guidance can be invaluable when navigating this confusing system and coordinating with other claimants. To ensure your attorney has the experience necessary, make sure you ask them questions about their experience and fees before you move forward.
Eligible plaintiffs typically have two years from the date their loved one passed away to initiate legal proceedings against the party responsible for the death. However, some situations can shorten this filing period. Filing within this timeframe is crucial, as failing to do so can result in the court dismissing the case and all plaintiffs losing their right to seek compensation.
What is the Difference Between a Wrongful Death Lawsuit and a Survival Action?
When exploring your legal options following a fatal car accident involving a loved one, you may hear the term “survival action.” While it may initially appear similar to a wrongful death suit, its purpose differs. A wrongful death claim compensates surviving family members for the losses the decedent’s passing has caused. A survival action compensates the estate for losses the decedent incurred between the accident and their passing, such as property damage or medical bills.
Depending on the circumstances of the accident, both a wrongful death claim and a survival action may be filed. However, the survival action can only be initiated by the representative of the decedent’s estate, not the surviving family members. One significant difference between wrongful death and survival actions lies in the plaintiff’s ability to recover punitive damages, also known as exemplary damages. These damages are designed to punish the defendant for their harmful actions and discourage similar behavior by others in the future. While relatively rare, punitive damages may be awarded in survival actions if extreme negligence or intentional harm can be proven. For punitive damages to be an option, the plaintiff must show that the defendant was found guilty of felony murder or acted with malice, oppression, or fraud.
How Can Our Firm Assist You?
The pain of losing a loved one in a car accident can be immense, and the effects can ripple out into every area of your life. At Nadrich Accident Injury Lawyers, we understand the importance of every wrongful death claim to the families involved, and we leverage our experience to provide strong legal representation to our clients. To learn about your legal options regarding a wrongful death action following a fatal traffic accident, contact our firm today at 800-718-4658 and schedule a free, no-obligation case evaluation.
Jeffrey Nadrich
Jeffrey Nadrich is a nationally-recognized California plaintiff’s personal injury attorney. He is a graduate of UC Berkeley and UC Hastings College of the Law. He has successfully represented thousands of injury clients over the last 40 years.
