Wrongful Death Lawsuits In California

Under California’s Code of Civil Procedure Sec. 377.60, the state’s wrongful death statute allows surviving family members or the estate to sue for damages when a person dies as the result of someone else’s wrongful act – whether the act was negligent, reckless, or intentional. 

The heirs to a wrongful death action include the surviving spouse or domestic partner, children, and children of deceased children. If there are no surviving children or grandchildren of the victim, persons who would be entitled to recover by intestate succession are also eligible to be party to a wrongful death action.

Wrongful death lawsuits can be predicated on any degree of negligence or on intentional acts. Such acts include murder, elder abuse, car accidents, aggravated assault, battery, medical malpractice, and designing or selling defective products.  

There are instances when the law holds a company or individual strictly liable regardless of their intent. This is the case when a company sells a defective product, such as faulty brakes, or exposes workers to toxic materials and the product causes someone’s untimely death. 

To prevail in a wrongful death action, it must be proven that:

• The defendant had a duty of care to the fatally injured party
• The duty of care was breached
• The breach of  the duty of care was the cause of the injury
• The fatally injured party suffered compensable damages

An experienced Santa Ana attorney can help you understand if you can satisfy the legal elements of California wrongful death action. 

Determine All Potentially Liable Parties

The first step is to determine all potentially liability parties. These can include:

• In a case involving a medical situation, doctors, nurses, hospitals and other professionals who engaged in substandard care that fatally injured the victim can be potentially liable parties.
• A person whose negligence caused the death, such as a drunk driver or negligent property owner, can be potentially liable parties.
• If your loved one was injured by a defective or dangerous product, the product manufacturer or designer can be a potentially liable party.
• In a case involving an unsafe workplace, the company and/or supervisor or others who failed to maintain a safe workplace can be liable.

Damages That Can be Asserted

Compensatory damages in wrongful death lawsuits are meant to provide the plaintiff with amounts he or she would have earned had she or he lived, and to pay for the loss of the victim’s companionship and/or support. These awards are known, respectively, as “Economic Damages” and “Noneconomic Damages.”

Note that California does have a limit on compensation in wrongful death cases from medical malpractice. In 2023, the state legislature increased damage caps from $250,000 to $500,000 in medical malpractice wrongful death cases. Over the next decade, the cap will be raised to $1 million. 

California’s Statute of Limitations ordinarily provides two years to file suit, beginning with the date of the injury that forms the basis of a wrongful death lawsuit. There are, however, different time frames established under state law, which can apply differently, depending on what could have been known and exactly when the plaintiff could have filed suit as a result.

Evidentiary Requirements for a Wrongful Death Case 

To prevail in a wrongful death case, it’s important to compile evidentiary records. At a minimum, these include:

• Documents from first responders, emergency technicians, and similar medical responders
• Medical bills and records showing the nature and extent of the fatal injuries and the treatment costs 
• The official record of the cause and manner of death
• The autopsy and/or coroner’s reports from postmortem medical exams
• Accounts from witnesses who saw the fatal incident or otherwise have relevant information and knowledge. 

Steps to Take to Move Forward With Your Case

wrongful death cases can be excruciating as well as complex. One peculiarity of California wrongful death law is the “one-action rule,” which prevents the defendant from being sued multiple times by different members of the deceased person’s family. Instead, all possible parties must join in a single wrongful death action against the responsible party. Your Santa Ana wrongful death attorney can help you understand the best way to proceed. Typically, we suggest the following roadmap to help you:

• Determine who within the family is eligible to bring a wrongful death suit under California’s laws.
• Consider if there should be individual lawsuits or whether family members should join together in a single action.
• Determine whether any family members have legal priority over others for filing the claim.
• Have the estate’s personal representative file the suit if consensus is difficult.
• Talk to a Santa Ana wrongful death attorney about how to proceed.

It’s important to prepare for the defendant’s response. They will likely assert some of the following defenses:

• The deceased was partially or wholly to blame for their own death.
• The victim voluntarily participated in an inherently dangerous activity and knew the risks.
• A prior medical condition, not the defendant’s actions, caused or contributed to the death.
• Something other than the defendant’s conduct was the true, unforeseeable cause of death.
• The defendant is immune from liability under the law, such as a government entity with sovereign immunity.

Contact the Law Offices of Benjamin Arsenian

If you’re considering pursuing a wrongful death claim in California, we can help you assess your claim and the likelihood that you will prevail in your action. In many cases, a meritorious case will not actually go to trial, but be a subject of negotiation with the defendant’s insurance company. In addition to our skills in preparing a case and bringing it to trial, we have a great deal of experience in negotiating beneficial insurance settlements for our clients. Note that many of our potential new clients worry that they cannot afford the assistance of our law firm. However, your initial consultation is free, and all cases that we accept are handled on a contingency basis. This means that we only get paid if you win your case or receive an insurance settlement.  Contact us today for your free consultation.