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Wrongful or accidental death overview
Before saying anything else, we want you to know that our hearts go out to you and your entire family in the midst of this profoundly painful and distressing situation. We can imagine that you are experiencing a wide range of conflicting emotions right now. We want you to know that we care deeply about your situation and are here to help you in any way we can.
The surviving family members can be compensated in several areas. Examples of these include:
Funeral expenses
Loss of future economic support
Loss of future companionship, protection, comfort, and guidance
Emotional pain and anguish of the survivors
While no amount of financial payment can ever compensate for the loss of a loved one, being financially secure in the family's future and the comfort of responsible parties being brought to justice can provide a sense of closure and security to survivors.
When is a death considered wrongful?
A death is considered wrongful when it occurs as a result of someone else's negligent, reckless, intentional, or wrongful actions. Wrongful death is a legal term that refers to a death caused by the wrongful act or omission of another person or entity.
Here are some common situations in which a death may be considered wrongful:
Negligence: If someone's negligence, such as careless driving, medical malpractice, or failure to maintain a safe environment, directly leads to a person's death, it may be considered a wrongful death.
Intentional Harm: If someone intentionally causes the death of another person through actions such as assault, murder, or manslaughter, it is considered a wrongful death.
Product Liability: If a person dies as a result of a defective or dangerous product, the manufacturer, distributor, or seller of the product may be held liable for wrongful death.
Workplace Accidents: If a person dies due to unsafe working conditions, inadequate training, or employer negligence, it can be classified as a wrongful death.
Medical Malpractice: When medical professionals fail to provide an acceptable standard of care, leading to a patient's death, it may be considered a wrongful death.
Criminal Activities: If a person dies during the commission of a crime, such as a robbery or assault, the responsible party may be held accountable for wrongful death.
It's important to note that the specific legal definitions and requirements for wrongful death may vary depending on the jurisdiction. In many jurisdictions, wrongful death lawsuits can be filed by the surviving family members or the estate of the deceased to seek compensation for various damages, including medical expenses, funeral costs, loss of income, loss of companionship, and pain and suffering.
Getting Powerful Legal Assistance from California Wrongful Death Attorneys
If you lost a loved one due to another person’s negligent, intentionally harmful, or careless action, we can help. We welcome you to contact Michael Phillips to schedule a confidential consultation. A knowledgeable wrongful death attorney can answer any questions you may have and explain your options and the next steps to take. We invite you to call our office at (530) 265-0186.
New California law allows for “pain, suffering, or disfigurement” (non-economic) damages in survival actions
Effective January 1, 2022, pain and suffering damages in California will be allowed for wrongful death actions filed between January 1, 2022 and January 1, 2026 and in preferentially set actions filed before January 1, 2022. California has now joined 45 other states, at least temporarily, in allowing pain and suffering damages in survival actions.
In many cases involving wrongful death, survival actions are brought by the estate while the victim’s family files a companion wrongful death lawsuit. Family members can recover damages for the losses they have suffered because of the loss of their loved one, and the estate can pursue damages for the losses the victim could have pursued if he or she had lived. Over the next four years, verdicts in cases involving wrongful death will likely be substantially larger than in the past.
How is a “survival” action different to "wrongful death" claim in California?
In California, a "survival action" and a "wrongful death" claim are two distinct legal concepts, although they both relate to seeking compensation for damages caused by the death of an individual. Here's how they differ:
Wrongful Death Claim: A wrongful death claim is brought on behalf of the surviving family members who have suffered harm and losses due to the death of their loved one. It is a civil lawsuit filed against the party or parties whose negligence, recklessness, or intentional actions caused the death. The purpose of a wrongful death claim is to seek compensation for the financial and emotional losses experienced by the surviving family members, such as funeral expenses, loss of financial support, loss of companionship, and emotional distress. The damages awarded in a wrongful death claim are intended to benefit the surviving family members directly impacted by the loss.
Survival Action: A survival action, on the other hand, is a legal claim that arises from the perspective of the deceased person. It allows the estate of the deceased person to pursue a claim for damages that the deceased would have been entitled to if they had survived the incident. A survival action essentially allows the estate to continue or "survive" the legal claims that the deceased person would have been able to pursue if they were still alive. The damages in a survival action may include medical expenses, pain and suffering endured by the deceased prior to death, and other losses or damages the deceased suffered as a result of the incident.
In summary, a wrongful death claim is focused on compensating the surviving family members for their losses resulting from the death, while a survival action allows the estate of the deceased person to seek compensation for the damages the deceased person would have been entitled to if they had survived.
It is possible for both a wrongful death claim and a survival action to be pursued simultaneously in California, depending on the circumstances surrounding the death and the applicable laws. Consulting with an experienced attorney who specializes in wrongful death and personal injury law can provide further guidance on the specific legal options available in your situation.
Why file a wrongful death law suit ?
No amount of money can bring your loved one back or heal the emotional suffering that you and your family are enduring. However, a wrongful death claim can provide support to cover the financial damages that often result from the loss of a loved one. However, there are several reasons why one might choose to file a wrongful death lawsuit after the loss of a loved one. Here are some common motivations for pursuing a wrongful death claim:
Seeking Justice: Filing a wrongful death lawsuit allows the surviving family members to seek justice on behalf of their loved one. It holds the responsible party accountable for their negligent, reckless, or intentional actions that resulted in the death. The lawsuit aims to establish fault and provide a sense of closure and validation for the family.
Financial Compensation: Wrongful death lawsuits often seek financial compensation for the losses suffered by the surviving family members. This can include medical expenses, funeral and burial costs, loss of income or financial support, loss of companionship, and emotional pain and suffering. Compensation can help alleviate the financial burden caused by the death and provide stability for the future.
Deterrence: By filing a wrongful death lawsuit, individuals and entities who engage in negligent or harmful behavior can be held accountable. This can serve as a deterrent for similar incidents in the future, encouraging safer practices and preventing others from experiencing similar tragedies.
Closure and Healing: The process of pursuing a wrongful death lawsuit can provide a sense of closure and healing for the surviving family members. It allows them to have their voice heard, to tell their side of the story, and to work towards a resolution. While it cannot bring back their loved one, it can provide a sense of justice and closure that may aid in the grieving process.
Awareness and Change: Wrongful death lawsuits can shed light on systemic issues or safety concerns that contributed to the death. They can raise awareness about the need for changes in policies, regulations, or practices to prevent similar incidents in the future. In some cases, a successful lawsuit can lead to reforms or improvements that protect others from experiencing similar harm.
It's important to consult with an experienced attorney specializing in wrongful death cases to understand the specific circumstances of your situation and the legal options available to you. We can guide you through the process, provide advice, and advocate for your rights and interests during this challenging time.
Who has “standing” to sue for wrongful death in California?
In California, the following parties generally have standing to sue for wrongful death:
Surviving Spouse or Domestic Partner: The surviving spouse or registered domestic partner of the deceased person has priority to file a wrongful death lawsuit.
Children: If there is no surviving spouse or domestic partner, the deceased person's children have the right to bring a wrongful death claim. This includes biological children, adopted children, and stepchildren who were dependent on the deceased for support.
Dependent Minors: If the deceased person had dependent minors who were living with them at the time of death for at least 180 days, these minors can file a wrongful death claim.
Putative Spouse and Children: A putative spouse (someone who believed in good faith that they were legally married to the deceased) and children of the putative spouse have standing to sue for wrongful death.
Parents: If the deceased person did not have a surviving spouse, domestic partner, children, or dependent minors, the deceased person's parents may have the right to bring a wrongful death lawsuit.
Personal Representative of the Estate: If none of the above parties exist or step forward to file a wrongful death claim within a certain period, the personal representative of the deceased person's estate may have the standing to file the lawsuit.
It's worth noting that the specific rules regarding standing to sue for wrongful death in California can be complex, and there may be additional considerations depending on the circumstances. Consulting with an attorney who specializes in wrongful death cases in California is crucial to understand the specific requirements and to ensure your rights are protected when pursuing a wrongful death claim.
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How to file a wrongful death claim
During your grieving period, consideration of a wrongful death lawsuit may not seem urgent. However, wrongful death cases must be filed within a specific time period (called a statute of limitations), or you risk losing your right to financial compensation. It is important to talk with a wrongful death attorney so any deadlines are not missed. Every claim is different and must be evaluated on an individual basis. A personal injury attorney is an important factor which may determine the outcome of your claim.
Wrongful death FAQ's
Phillips Personal Injury answers some of the most frequently asked questions about injury accidents and claims. We hope this information will give you an idea as to how to move forward in your situation. The legal issues surrounding accidental or wrongful death claims may at times seem overly complicated and perhaps even overwhelming. But we’re here to help. Explore the answers to the questions you may have or just give us a call.
Since every case has unique facts and circumstances, we’d be glad to discuss the specific details of your case and any specific questions you have. We invite you to give us a call at 530-265-0186 for a no charge consultation.
Wrongful death resources
In this difficult time, we hope you find our site a good start to get some of your questions answered. We're here to help and are glad to answer any specific questions you may have, so feel free to give us a call at 530-265-0186. In the meantime, there are many internet resources available for information about wrongful death and accidental death. We encourage you to visit some of these websites we have collected for easy reference.