When a family member dies due to the fault of someone else – whether it be the result of an automobile accident, truck accident, motorcycle or bicycle accident, accidents involving pedestrians, product defects, dog attacks, and other accidents – a claim for a wrongful death suit can be filed. The difference between a wrongful death and a personal injury claim is that the victim is not bringing forth the suit, but rather a family member or the victim’s estate. Specifically, the California Wrongful Death Act allows surviving family members to bring an action against the party or parties whose negligence or wrongful acts caused the death of a loved one. Under the statue, family members qualified to bring an action may include:
- Surviving spouses (including putative spouses)
- Domestic partners
- Children (including stepchildren)
- Grandchildren
- Minors and dependents
- Heirs by intestate succession if no other relatives survive
In California, recovery in a wrongful death suit is intended to compensate the deceased’s survivors for their own damages incurred as a result of the loss of their family member. Damages suffered by the injured victim before death, such as medical bills, may only be recovered by a representative of the deceased’s estate in a separate or concurrent “survival action”.
Surviving family members are eligible to recover two types of damages: economic and non-economic damages. Economic damages include:
- Funeral and burial expenses
- Lost pensions, retirement, gifts, or other benefits
- Reasonable value of household services
- Loss of future earnings the deceased would have provided for the surviving family members
Non-economic damages may include:
- Loss of companionship, love, comfort, care, protection, and moral support
- Loss of guidance
- Loss of consortium
If a family member has been the victim of a wrongful death, call Mr. Waldman. The initial consultation is free. If Mr. Waldman agrees to represent you, you don’t pay unless funds are recovered on your behalf.