In the state of California, the law relating to claims for the loss resulting from wrongful death is a creature of statute and it may often be found complicated or even unfounded˳ You need to understand your rights and those of others when someone you love dies due to others’ actions˳
If the death was caused by negligence or intentional misconduct of another person, it is considered wrongful death˳ This also includes malpractice by a doctor who fails to treat a curable condition in time, or performs a surgery carelessly that results in death˳ The deceased’s loved ones often have a valid claim after car accidents, slips, trips and falls that lead to unexpected deaths˳ The same rights follow in the event that an intentional act, like assault and battery, directly results in death˳
One of the most conflicting decisions to make in law regarding wrongful death is determining who is allowed, or has standing, to bring a lawsuit˳ The standing is the right to bring a wrongful death action and that depends on statutes that deal with the order in which the surviving people are entitled to the belongings of the dead˳ For instance, usually in a wrongful death action the ones with standing are the husband or wife and the kids˳ Typically, siblings, parents, and other family members of the victim lack standing to bring a suit, but there are complex rules with some exceptions to determine who is able to recover damages that can sometimes allow those people to have standing˳
Such instances could be if there are no children or spouse, then the domestic partner may bring suit˳ In cases where the immediate family is not alive, then it would go to next surviving relative which would be the grandchildren if there were any˳
It is correct even if the parents of the deceased are alive, unless either of them or both were supported by the dead˳ Complicating matters even further the surviving spouse of a void or voidable marriage who’s found by the court to have believed in good faith the marriage to the decedent was valid may have a viable suit˳
Damages can be addressed only after standing has been determined˳ Never forget that damages in these and other personal injury actions can be generally classified as economic or non-economic˳ Economic damages are intended to cover funeral expenses, burial expenses, and lost support˳ Damages not affecting economy include the loss of relationship between surviving loved ones and the deceased˳
Detailed Economic Damages:
1˳ Financial support contributed by the decedent to the family during either the life expectancy before his/her death or the life expectancy of surviving loved one, whichever one is shorter;
2˳ The shortfall of gifts or other such benefits that are anticipated to be received by the loved person from the deceased;
3˳ Cost of funeral and burial;
4˳ An estimate of the household services that the decedent would have offered˳
In the case of non-economic damages, law to the following limits the recovery:
1˳ Loss of the love, care, protection, or help from the deceased;
2˳ Loss of romantic/sexual contact and the enjoyment once allowed or
3˳ Loss of training and advice that the deceased would have given˳
The rules do not permit: any sorrow, grief, or mental anguish of the loved one, the decedent’s pain and suffering, poverty, or wealth of any surviving party˳
Statues and case decisions do not permit the recovery of punitive damages in wrongful death actions˳ This is not the case if the defendant is convicted of a felony homicide connected with the death˳ (California Civil Code, § 3294(d)˳) The judge, but not the jury, usually allocates any money to the survivors because there are generally conflicts of interest between the remaining parties˳ The case Canavin v˳ Pacific Southwest Airlines (1983) 148 Cal˳App˳3d512) In the circumstance that more than one surviving loved ones pursue a claim by way of jury trial, the jury’s award will represent a sum for all survivors, which will be subsequently distributed by the court˳ Usually an agreement between the families is the reason a wrongful death action is settled before trial˳ If minor children are involved, the court needs to approve the settlement and how much money the kids will get˳
All information provided above is simply a review of the general laws of wrongful deaths in California˳ This should not be taken as legal advice for any case˳ The law is extremely complex; thus, a trial attorney with the right experience should be consulted when you have questions after such a tragic loss˳
Source by https://ezinearticles˳com/?Wrongful-Death-Law-In-California—A-Basic-Understandng&id=943841
