Wrongful Death Lawsuit
A Wrongful Death claim is a cause of action which arises from the victim's death and is brought by the surviving beneficiaries or dependents of the deceased victim.
A Wrongful Death lawsuit claims that the deceased victim died as a result of negligence or other liability due to the defendant's conduct and that the surviving beneficiaries and dependents are entitled to monetary damages as a result of the defendant's conduct.
Wrongful Death California Statutes
Each state in the United States has passed wrongful death statutes unique to its own jurisdiction.
Wrongful Death Legal Heirs & Beneficiaries
Under California law, in order for an attorney to succeed in a wrongful death lawsuit on behalf of the heirs, the following must be proven:
- That the death was caused by the negligence or wrongful conduct of another
- The extent of the heirs' damages
Wrongful Death Order of Claimants
In California the legal heirs under the law may claim to seek wrongful death damages with the following order of precedence:
- First in line are the surviving spouse, children, and surviving issue of deceased children of the decedent — these people have the right to claim damages "jointly and severally" — that is, they share a single claim for damages.
- Next in line are the person's parents; then brothers and sisters; then the children of deceased brothers and sisters; then grandparents; and then their descendants.
- Minors who lived with the deceased victim and who received 50% support from the victim at the time of the victim's death. This minor must have been part of the deceased's household for at least 180 days before the victim's death.
Wrongful Death Damages
In California, juries are instructed that they can award the heirs the following damages:
- The loss of the love, companionship, comfort, affection, society, solace, moral support, and (if a spouse is a claimant) consortium of the decedent
- The value of the household services the decedent would have provided in the future, if any
- The value of the financial support which the claimant would have received from the decedent had the victim not died
Plaintiffs entitled to recover damages against the defendants may seek economic & non-economic damages in a sum that under all the circumstances of the case will be just compensation for the loss which each heir has suffered by reason of the death of the deceased.
Damages Jury Will Consider for Wrongful Death
The jury is instructed to consider in determining the loss:
- the financial support which each of the heirs would have received from the deceased (had he/she not died) and the right to receive support, if any
- the age of the deceased and of each heir;
- the health of the deceased and each heir immediately prior to the death
- the respective life expectancy of the deceased and of each heir;
- whether the deceased was kindly, affectionate or otherwise;
- the disposition of the deceased to contribute financially to support the heirs;
- the earning capacity of the deceased;
- the deceased's habits of industry and thrift;
- any other facts shown by the evidence indicating what benefits each oheir might reasonably have been expected to receive from the deceased had he/she lived.
Further Jury Considerations in Awarding Damages for Wrongful Death
- With respect to life expectancies, the jury will be instructed to consider the shorter of the two: that of the heir or that of the decedent, as one can derive a benefit from the life of another only so long as both are alive.
- The jury will be instructed to award reasonable compensation for the loss of love, companionship, comfort, affection, society, solace or moral support and loss of the enjoyment of sexual relations, i.e., Loss of Consortium.
Jury Instructions in Regard to What Not to Consider for Wrongful Death
In determining the loss which each heir has suffered, the jury will be instructed to not consider:
- Any pain or suffering of the decedent;
- Any grief or sorrow of the heirs; or
- the poverty or weath of any heir
Thus, the heirs cannot recover damages for grief or sorrow, no matter how severe that suffering may have been. The heirs (claimants) cannot seek pain and suffering, medical expenses, lost wages, or the other kinds of damages which may be sought in a personal injury case.
Wrongful Death - Future Emotional & Economic Interests
The law holds that certain future emotional and economic interests have been destroyed by the wrongful death, and the law permits a wrongful death claimant to recover damages for those losses.
Wrongful Death - Punitive Damages
A claim for punitive damages survives the victim, and may make a substantial contribution to the recovery that might be available to the deceased's estate.
For further information see the related sections:
