| In the state of California, the law | | | | funeral expenses, burial expenses, and |
| relating to claims for the loss | | | | lost support. Damages not affecting |
| resulting from wrongful death is a | | | | economy include the loss of relationship |
| creature of statute and it may often be | | | | between surviving loved ones and the |
| found complicated or even unfounded. You | | | | deceased. |
| need to understand your rights and those | | | | Detailed Economic Damages: |
| of others when someone you love dies due | | | | 1. Financial support contributed by the |
| to others' actions. | | | | decedent to the family during either the |
| If the death was caused by negligence or | | | | life expectancy before his/her death or |
| intentional misconduct of another | | | | the life expectancy of surviving loved |
| person, it is considered wrongful death. | | | | one, whichever one is shorter; |
| This also includes malpractice by a | | | | 2. The shortfall of gifts or other such |
| doctor who fails to treat a curable | | | | benefits that are anticipated to be |
| condition in time, or performs a surgery | | | | received by the loved person from the |
| carelessly that results in death. The | | | | deceased; |
| deceased's loved ones often have a valid | | | | 3. Cost of funeral and burial; |
| claim after car accidents, slips, trips | | | | 4. An estimate of the household services |
| and falls that lead to unexpected | | | | that the decedent would have offered. |
| deaths. The same rights follow in the | | | | In the case of non-economic damages, law |
| event that an intentional act, like | | | | to the following limits the recovery: |
| assault and battery, directly results in | | | | 1. Loss of the love, care, protection, |
| death. | | | | or help from the deceased; |
| One of the most conflicting decisions to | | | | 2. Loss of romantic/sexual contact and |
| make in law regarding wrongful death is | | | | the enjoyment once allowed or |
| determining who is allowed, or has | | | | 3. Loss of training and advice that the |
| standing, to bring a lawsuit. The | | | | deceased would have given. |
| standing is the right to bring a | | | | The rules do not permit: any sorrow, |
| wrongful death action and that depends | | | | grief, or mental anguish of the loved |
| on statutes that deal with the order in | | | | one, the decedent's pain and suffering, |
| which the surviving people are entitled | | | | poverty, or wealth of any surviving |
| to the belongings of the dead. For | | | | party. |
| instance, usually in a wrongful death | | | | Statues and case decisions do not permit |
| action the ones with standing are the | | | | the recovery of punitive damages in |
| husband or wife and the kids. Typically, | | | | wrongful death actions. This is not the |
| siblings, parents, and other family | | | | case if the defendant is convicted of a |
| members of the victim lack standing to | | | | felony homicide connected with the |
| bring a suit, but there are complex | | | | death. (California Civil Code, ยง |
| rules with some exceptions to determine | | | | 3294(d).) The judge, but not the jury, |
| who is able to recover damages that can | | | | usually allocates any money to the |
| sometimes allow those people to have | | | | survivors because there are generally |
| standing. | | | | conflicts of interest between the |
| Such instances could be if there are no | | | | remaining parties. The case Canavin v. |
| children or spouse, then the domestic | | | | Pacific Southwest Airlines (1983) 148 |
| partner may bring suit. In cases where | | | | Cal.App.3d512) In the circumstance that |
| the immediate family is not alive, then | | | | more than one surviving loved ones |
| it would go to next surviving relative | | | | pursue a claim by way of jury trial, the |
| which would be the grandchildren if | | | | jury's award will represent a sum for |
| there were any. | | | | all survivors, which will be |
| It is correct even if the parents of the | | | | subsequently distributed by the court. |
| deceased are alive, unless either of | | | | Usually an agreement between the |
| them or both were supported by the dead. | | | | families is the reason a wrongful death |
| Complicating matters even further the | | | | action is settled before trial. If minor |
| surviving spouse of a void or voidable | | | | children are involved, the court needs |
| marriage who's found by the court to | | | | to approve the settlement and how much |
| have believed in good faith the marriage | | | | money the kids will get. |
| to the decedent was valid may have a | | | | All information provided above is simply |
| viable suit. | | | | a review of the general laws of wrongful |
| Damages can be addressed only after | | | | deaths in California. This should not be |
| standing has been determined. Never | | | | taken as legal advice for any case. The |
| forget that damages in these and other | | | | law is extremely complex; thus, a trial |
| personal injury actions can be generally | | | | attorney with the right experience |
| classified as economic or non-economic. | | | | should be consulted when you have |
| Economic damages are intended to cover | | | | questions after such a tragic loss. |