In this article, we'll look at wrongful death laws in California, including what California's wrongful death statute has to say about who can can file this kind of lawsuit, and what damages are available. We'll also cover the time limits for bringing a wrongful death claim in California. Read on for the details.
In California, a "wrongful death claim" arises when one person dies as the result of the wrongful act or negligence of another person or entity. A wrongful death claim is a civil lawsuit. It is brought to court directly by the survivors of the deceased person, or by the personal representative of the deceased person's estate, and fault is expressed solely in terms of money damages, which the court orders the defendant to pay to the decedent's survivors (assuming the lawsuit is successful).
In these ways, a wrongful death claim differs from a criminal case for homicide, which is brought by the state and in which guilt is penalized with jail or prison time, probation, and other methods. A family in California may bring a civil wrongful death claim to court even if a criminal case is already going forward.
Only certain people are allowed to file a wrongful death lawsuit in California. The relevant statute specifically allows the following parties to bring a wrongful death claim:
And, if they can show they were financially dependent on the deceased person, the following people can also bring a wrongful death lawsuit in California:
You can read the full text of the California wrongful death statute at California Code of Civil Procedure section 337.60, et seq.
A number of different varieties of personal injury damages are available in a wrongful death claim in California. The specific amounts involved will depend on the facts of an individual case.
Damages are typically divided according to whether they compensate the estate for losses associated with the death, or the surviving family members for the personal losses they suffered as a result of the death. Losses that are typically attributed to the estate include:
Losses that are typically attributed to the surviving family members include:
Like personal injury claims, wrongful death claims in California must be filed within a specific time period (which is known as a statute of limitations in legalese). California law requires a wrongful death claim to be filed within two years of the date of the descendant's death. If the case is not filed in the state's civil court system within two years, the family will almost certainly lose the right to file it at all.