Wrongful Death
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.
Doctor's & Medical Negligence
Within the area of negligence there are special rules relating to various people and/or various categories regarding their particular duty. The same would be true for a doctor's negligence. A doctor's negligence has to be measured by other doctor's of similar standing in the community. If you are claiming that an orthopedist was negligent in diagnosing or misdiagnosing or performing surgery, it would be required that another orthopedist be able to testify that the doctor not only caused some damage, but the damage was caused by his doing or failing to do something that was below the standard of care for orthopedists in that community. This would also apply to any other profession, such as attorneys and other medical personnel.
Collecting Damages
It is not enough to be able to prove negligence and that the person suffered damage. Usually, most people do not have enough money to pay those damages unless they have insurance. In California, if you do not have automobile insurance, and you are injured by someone else, even if it is their fault, you can only collect your special damages, i.e., your medical expenses and loss of earnings, but not general damages, i.e., your mental suffering and emotional distress. That law was passed to encourage people to drive with insurance. Also, if you do not have automobile insurance, you can lose your driving privilege in California.
For further information see the following sections: