If someone else’s actions caused your loved one’s death in California, you can seek compensation through a wrongful death lawsuit. Losing a loved one is devastating, and while no amount of money can truly make things right, pursuing a wrongful death claim can help ease the financial burden. Understanding the types of compensation calculated you may be entitled to—and how wrongful death settlements are paid—can help you make informed decisions during a tough time. You can often maximize your recovery by exploring all available legal options and working with an experienced attorney who can guide you every step of the way.
What Is Wrongful Death Compensation?
Wrongful death compensation is sought by surviving family members from a party whose actions contributed to the death of their loved one. Examples of wrongful death lawsuit defendants could include:
- Motorists who cause car accidents
- Doctors who make medical errors
- Property owners who don’t keep their homes or businesses free from dangerous conditions
It’s important to keep in mind that the purpose of a wrongful death lawsuit is to compensate surviving family members for their loss. These lawsuits do not compensate families for the injuries suffered by their loved ones before their deaths.
Who Can Receive Compensation in a Wrongful Death Case?
Under California law, the people who can receive compensation in a wrongful death case include:
- The deceased’s spouse or domestic partner
- The deceased’s children
- The deceased’s grandchildren, if they have no surviving children
- The deceased’s parents or legal guardians, if they have no spouse or children
- Minors who lived with the deceased for the previous 180 days and were financially dependent on the deceased
- Other heirs eligible to receive assets from the deceased’s estate through intestate succession
A wrongful death lawsuit can be filed by any of the above parties or by the personal representative of the deceased’s estate on their behalf. After a lawsuit is filed, all eligible heirs will be notified of the lawsuit and can seek compensation.
The compensation each party can receive through a wrongful death case depends on their degree of loss. For example, spouses typically receive the most compensation, with children receiving the next largest percentage due to their close relationship to the deceased. Parties equally related to the deceased, such as two children, typically receive the exact settlement amount of compensation.
Types of Compensation in a Wrongful Death Case
Through a wrongful death lawsuit, surviving family members can seek compensation for various losses other than those covered by survival actions. Some of the most common losses family members seek compensation for in these cases are:
- Their loved one’s funeral and burial expenses
- The loss of financial support provided by their loved one, particularly for immediate family members
- The loss of work benefits provided by their loved one, including health insurance and retirement account contributions they received through their employment
- The emotional distress experienced due to the tragic loss of their loved one
- The surviving spouse’s loss of consortium, which refers to the loss of their marital relationship
- The loss of care, guidance, companionship, love, and other benefits provided by the deceased to their family members
- The loss of household services provided by the deceased, for which the surviving family members must now hire others to perform, including childcare and yardwork
- The loss of inheritance caused by their loved one’s untimely death
While some of these losses are economic, including funeral expenses and the loss of financial support, many of them are non-economic. This means they don’t have tangible value, making determining a fair amount of compensation challenging.
Please read more about maximizing your compensation here: Protecting Your Rights & Maximizing Compensation
Wrongful Death vs. Survival Actions
You should know the difference between wrongful death lawsuits and survival actions to make the most of your legal case. The compensation that can be recovered from each is different. A wrongful death lawsuit compensates the surviving family members for the loss of their loved one. A survival action is a lawsuit that the deceased would have been able to bring had they survived.
In many cases, survival actions are personal injury lawsuits that the deceased would have been able to bring for the injuries that ultimately led to their death. However, survival actions can be any legal claim that the deceased would have been able to bring and for which the deadline for filing hasn’t passed.
It’s important to remember that wrongful death lawsuits and survival actions are not mutually exclusive. You can have both. These cases are often filed simultaneously. This is likely to be so when the survival action arises from a personal injury lawsuit process related to the wrongful death. The survivors can seek compensation for the deceased’s losses, including lost wages, medical expenses, and pain and suffering.
Another key difference between these types of lawsuits is that the deceased’s personal representative brings the survival action on behalf of the estate rather than on behalf of the family members. This means the compensation received through the survival action goes into the estate before being distributed to the deceased’s heirs via intestate succession rules.
Statute of Limitations for Wrongful Death Cases
Under California law, families have two years to file lawsuits against the parties responsible for their loved one’s deaths. Failure to file your lawsuit within this period will likely result in the courts barring you from seeking compensation.
This time period usually begins on the date of your loved one’s death, which may differ from the injury date. However, it can sometimes be delayed. For example, if you don’t know the cause of your loved one’s death until a month later, the time period may begin on the date you discover why they died.
An experienced wrongful death lawyer can collect the evidence needed to hold the at-fault party liable for your losses and file your lawsuit within the deadline.
Contact Our California Wrongful Death Lawyers
If your loved one’s death was caused by another person’s actions in Huntington Beach, California, contact DJA Injury Attorneys at (949) 229-7228 for a free consultation. You can discuss your case with a caring and compassionate wrongful death lawyer in Huntington Beach. We’ll review the circumstances surrounding your loved one’s death and explain your options for seeking compensation for your loss. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits.
We’ll answer any questions you have about the legal process.
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