An unexpected death is never an easy time for anybody. Someone who was a part of your life is suddenly gone. It’s hard enough when it’s a natural death, but it’s even more painful when their death was due to another party's negligent or malicious actions.
If you’re wondering “Can I sue for wrongful death?” we’re here to help you find the answers you’re looking for. Below, we’ll discuss what a wrongful death claim is, who is eligible to file, and what kinds of damages can be pursued. Let’s get started!
California defines wrongful death the way it’s defined in most states. A death caused by the wrongful act of another party, including a legal entity like a corporation, either accidentally or intentionally. A claim for wrongful death is made by a family member of a deceased or the representative of the deceased estate to obtain compensation for costs incurred and having to live without that person. The compensation is intended to cover the earnings and the emotional comfort and support the deceased person would have provided. These actions can include:
Accidents like traffic collisions
Intentional actions, including criminal acts
Medical malpractice
It’s important to remember that a wrongful death claim is a civil case, and not criminal. The issue is not whether the defendant has committed any crimes. The only issue is whether they are liable for the death, and what kind of compensation they owe. This is distinct from a criminal case like a murder trial, where the defendant could be sent to prison or given other penalties.
In a criminal trial, the prosecution must prove the defendant’s guilt beyond a reasonable doubt. Even in cases where the jury is pretty sure the defendant is guilty, they may rule “not guilty” because there is reasonable doubt. In a civil case, the bar is set lower. The plaintiff must prove the defendant’s liability by a preponderance of the evidence.
In a legal context, the term “damages” refers to any compensation owed by the defendant to the plaintiff. In a wrongful death case, there are two common types of damages. Under California law, damages can be either economic or non-economic.
Economic damages have a price tag and include:
Loss of the deceased expected earnings
Loss of benefits, such as pension plans and medical benefits
Loss of inheritance caused by the untimely death
Funeral and burial expenses
Non-economic damages address intangible loss such as:
Emotional suffering due to the loss of the deceased
Loss of consortium
Loss of guidance and mentorship
In California, there is no limit to the damages in a wrongful death lawsuit. However, there are certain limits to damages related to medical malpractice. If the wrongful death was due to malpractice, these limits could apply.
If you’re involved in a wrongful death lawsuit, you’ve already got enough on your plate. Don’t risk your case by trying to handle it yourself. Consult with a Sacramento wrongful death lawyer as soon as possible. Crowell Law Offices has decades of combined experience in the fields of wrongful death, personal injury, and criminal defense. Schedule your free consultation today by calling 916-303-2800 or by visiting them online.
Crowell Law Offices represent clients throughout Northern California with local offices in Sacramento, Placer and Yolo Counties, California. Our personal injury firm defends people who've been injured by another's negligence: auto accidents, brain/spine injuries, child injuries, catastrophic injuries and wrongful death cases.... View full business profile here: Crowell Law Offices
