Navigating Wrongful Death Claims: A Guide for California Families

Losing a loved one is never easy. But dealing with the loss can be even harder if your loved one’s death could have been prevented. 

If you’ve lost a loved one as a result of the negligent, reckless, or sometimes intentional conduct of another person(s) or business entity, California law may authorize you to file a claim for wrongful death. This article answers common questions that families have about California’s wrongful death laws. Read on to learn more about these laws and how a San Francisco wrongful death lawyer can help your family after a loss. 

What Is Wrongful Death?

Legally, a wrongful death is a death caused by another person’s misconduct. This misconduct can be negligent, reckless, or intentional. 

• Negligence occurs when someone fails to use the required standard of care while carrying out a particular action. A driver who runs a red light would meet this definition. 
• A person is reckless when they voluntarily engage in behavior that they know could put others in danger. Driving while intoxicated is an example. 
• Intentional actions happen because a person made a conscious decision to do something. A driver who aims their car directly at a pedestrian while accelerating acts intentionally. 

What Types of Claims Can Support a Wrongful Death Suit? 

Wrongful death cases can arise in a variety of contexts including, but not limited to:  motor vehicle crashes; death resulting from injuries incurred on a bus; death resulting from injuries incurred while operating a motorcycle, electronic bike, or scooter; death resulting from injuries incurred by a pedestrian; fire; drownings;  death caused by inefficient security at a public or private location or business; and death caused by use of defective products. But any death caused by misconduct can potentially give rise to a wrongful death claim. In fact, deaths during crimes such as homicide or sexual assault may also give rise to a civil wrongful death case. 

What’s the Difference Between a Wrongful Death Claim and a Survival Action?

In California, families of a deceased person can file survival claims, wrongful death claims, or both. These claims differ in at least two important ways. 

The first difference is the purpose and type of damages. Survival actions bring claims that the deceased person could have brought had they lived. Wrongful death claims, on the other hand, are designed to help living family members cope with the emotional and financial losses caused by their loved one’s death. These different purposes mean that the damages are also different. (The differences in damages will be discussed shortly.) 

The second difference is who can bring each claim. Because survival claims focus on the deceased person, they must be brought by the personal representative of the deceased person’s estate. By contrast, wrongful death claims can be brought by a personal representative or any person who the law would allow to inherit from the deceased if they died without a will. This list includes spouses, children, parents, or siblings. However, these rules are complex and have many exceptions. For example, those who were not related to the deceased but relied on their financial support can also file claims.  A San Francisco wrongful death lawyer can help you figure out how these rules apply to your family. 

How Do Wrongful Death Claims Help Families Financially?

Once you prove that it was more likely than not that your loved one’s death was caused by the wrongdoing of a third party, you will be entitled to economic damages as well as some non-economic damages. 

Typical economic damages in wrongful death claims cover funeral and burial expenses, the loss of a loved one’s financial support, gifts they would have given, benefits that they would have provided, and the value of household services the deceased would have performed. And while no amount of money can replace a loved one, you can also receive compensation for non-economic losses such as loss of love, companionship, and comfort, loss of training and guidance, and loss of consortium (loss of intimacy and companionship in a marital relationship). The amount of these damages may depend on factors such as the deceased person’s income, life expectancy, and the quality of the relationships that they had with their surviving family member(s) bringing the wrongful death case. Age can also be a factor in terms of the availability and amount of certain damages in a wrongful death case. For example, minor children often receive damages to replace the support that their lost parent would have provided until at least age 18 and even through the college years. 

• Note: Damages in California Wrongful Death Cases vs. Survival Claims

As noted above, wrongful death damages focus on the economic and emotional losses suffered by the living family members. But because survivorship actions focus on the deceased, damages in survival actions are limited to what the deceased lost. Damages in these cases usually focus on medical bills, lost wages, and pain and suffering. 

Unlike compensatory damages, which focus on making the harmed person financially whole after a loss, punitive damages focus on punishing the wrongdoer. Punitive damages can be an important tool to discourage people from engaging in bad behavior. In California, punitive damages in wrongful death cases can only be brought after a felony homicide. However, survival cases do not have the same limitations on punitive damages. 

Damages in California wrongful death and survival cases can be complicated. A San Francisco wrongful death attorney can help your family navigate these complex rules. 

How Long Do I Have to File a Wrongful Death Claim in California?

Every case must be filed within a certain amount of time. Lawyers call these deadlines statutes of limitations. In California, wrongful death claims must be filed within two years of the death. However, there are exceptions to the two-year timeline, especially if the responsible party was or worked for a public entity.  A San Francisco wrongful death attorney can tell you if any exceptions apply in your case. 

How Can a Lawyer Help with My California Wrongful Death Claim?

A lawyer can be a valuable resource and partner during a wrongful death claim. In addition to giving your family legal advice and emotional support, a lawyer can: 

• Investigate the circumstances of your loved one’s death, 
• Deal with insurance companies on your behalf, 
• Hire experts to explain how the death happened and advance all expert costs on your behalf, 
• Negotiate a fair settlement for your family,
• Prepare for trial, if necessary, and 
• Help you navigate the impact that the loss of a loved one has on you. 

Get Help with Your California Wrongful Death Claim

While nothing can replace the love of a cherished family member, a successful wrongful death claim can help ease your family’s financial burdens. If someone’s careless, reckless, or criminal behavior caused your loved one’s death, contact the Ribera Law Firm. At Ribera Law, we give each client personalized attention. We will work tirelessly to get justice for you and your family. To learn more about how Ribera Law can help you, call (415) 576-1600 or use our online contact form to schedule a free consultation.