What is a California Wrongful Death Lawsuit?

A California wrongful death lawsuit is a legal action filed by the surviving family members against a person, company, or government entity for causing the death of another person through negligence, recklessness, or intentional harm. This in depth article is a helpful resource for those seeking detailed information on California wrongful death lawsuits.

According to the most recent statistics compiled by the CDC, in 2021 there were over 224,000 unintentional injury deaths United States. If the wrongful death was caused in whole or in part by the negligence or recklessness of another person or entity, a wrongful death lawsuit can be filed seeking financial compensation for damages.

In California, wrongful death cases stem from various situations, including motorcycle accidents, motor vehicle accidents, pedestrian accidents, and bicycle accidents. A wrongful death lawsuit is a civil action brought by a wrongful death attorney on behalf of the victim’s family which seeks financial compensation for economic and non-economic damages. This is distinguishable from a criminal action for the death of the victim which seeks a prison sentence for the perpetrator. California’s wrongful death law is outlined in California’s Code of Civil Procedure Section 377.60.

What Constitutes Wrongful Death in California?

Determining what constitutes wrongful death in California is fundamental for individuals seeking justice and compensation following the loss of a loved one due to someone else’s actions or negligence. In this section, we’ll explore the legal elements of a wrongful death claim in the state of California.

The Required Legal Elements of Wrongful Death in California:

1. Death of a Person: The first requirement for a wrongful death claim is the death of a person. This loss must have been caused by someone else’s negligence, recklessness, or intent to harm.

2. Negligence or Wrongful Conduct: Wrongful death cases are often the result of negligence, recklessness, or intentional misconduct. This can arise out of car accidents, pedestrian accidents, motorcycle accidents, trip and fall accidents, premises liability, and many other scenarios that cause a death.

3. Causation: Establishing a direct link between the negligent or wrongful act and the resulting death is crucial. It must be shown that the actions or inaction of the defendant were a substantial factor in causing or contributing to the death.

4. Surviving Family Suffered Loss: The surviving family members or dependents must have suffered measurable damages due to the death. These damages can be economic (e.g., burial expenses, loss of financial support) or non-economic (e.g., loss of love, companionship, and emotional support).

Common Scenarios Leading to California Wrongful Death Claims:

1. Bicycle Accidents: Bicycle accidents caused by negligent drivers can lead to fatal injuries and give rise to wrongful death claims.
2. Pedestrian Accidents: Pedestrian accidents caused by negligent drivers can lead to fatal injuries and give rise to wrongful death claims.
3. Motorcycle Accidents: Motorcycle accidents caused by negligent drivers or dangerous road conditions can result in fatal injuries and wrongful death claims.
4. Car Accidents: Reckless or negligent drivers create dangerous situations that can result in fatal injuries and car accident wrongful death claims.

Who Can Sue for Wrongful Death in California?

In the aftermath of a tragic loss, it’s vital to understand who has the legal standing to file a wrongful death lawsuit in California. This section sets forth the individuals and entities that are eligible to pursue a wrongful death claim under California law.

Eligible Parties Who Can File a Wrongful Death Lawsuit:

Typically, the primary parties eligible to file a wrongful death lawsuit in California are the immediate family members. These include the spouse or registered domestic partner, the deceased’s children (including adopted and step children), and parents of the deceased. In some instances, siblings, other family members, and grandchildren of the deceased may be eligible. Others who were financially dependent on the deceased or who relied on the deceased for financial support may also be eligible.  Under California law, a putative spouse (one who in good faith believed they were legally married to the deceased) is also eligible.

When is a Negligent Party Liable for the Death?

In cases of wrongful death, establishing liability is a crucial step towards obtaining justice and compensation. This section delves into the circumstances under which a negligent party can be held accountable for the loss of a loved one in California.

The Four Elements of Negligence Required in a Wrongful Death Lawsuit:

To hold a negligent individual or entity liable for wrongful death, the following four elements of negligence must be established:

1. Duty of Care: The negligent person or entity must have owed a duty of care to the deceased. For instance, drivers owe a duty of care to other drivers on the road to operate their vehicles safely and obey traffic laws. If the negligent driver was an employee or acting as an agent on behalf of a company, the employer may also have a duty of care to hire safe drivers or to train their workers in safe driving practices.

2. Breach of Duty: The negligent person or entity breached their duty of care by acting negligently or recklessly. For example, a driver who ran a red light or was driving under the influence of alcohol or drugs while driving who causes an accident. Or, the employer of that driver hired an unsafe driver or failed to train that driver in safe driving practices before letting them drive for the company.

3. Causation: The breach of duty directly caused or substantially contributed to the death of the individual.

4. Damages: The surviving family members suffered damages as a result of the death, including loss of financial support, funeral expenses, and loss of the relationship.

Types of Situations Which Commonly Result in Wrongful Death Liability:

1. Car Accidents: Negligent drivers, such as those speeding or under the influence of drugs or alcohol, can be held liable for wrongful death in car accidents.
2. Pedestrian Accidents: Negligent drivers who strike a pedestrian who is crossing a street in a crosswalk, can be liable for wrongful death.
3. Bicycle Accidents: Bicyclists are unprotected and extremely vulnerable to fatal injury if struck by a negligent or reckless driver. For example, a truck driver making a right turn who does not see the bicyclist alongside them can be held liable.
4. Premises Liability: Property owners who fail to maintain safe premises and thereby cause fatal accidents may be held accountable. Slip and fall accidents, drowning, dog bites, and dog mauling attacks are some examples of when property owners can be held liable for a death that results.
5. Motorcycle Accidents: Motorcyclists, much like bicyclists are unprotected and extremely vulnerable to fatal injury if struck by a negligent or reckless driver. For example, a vehicle making an unsafe lane change on the freeway into a motorcyclist causing their death can be held liable.

Comparative Fault in California Wrongful Death Claims

California follows a comparative fault system, meaning that even if the deceased was partly at fault for the accident, the negligent party can still be held liable for their share of the responsibility. The damages awarded will be calculated at 100% but then will be reduced by the percentage of fault attributable to the deceased. For example, if the deceased was found 50% at fault, a wrongful death claim can be brought against the negligent party for the negligent party’s 50% share of liability.

By establishing the elements of negligence and determining if liability applies, families can navigate the legal process. If you believe your loved one’s death was a result of someone else’s negligence, consulting with an experienced wrongful death attorney will help you understand your rights and options for pursuing a wrongful death claim.

What is the Statute of Limitations for Wrongful Death in California?

In California, the statute of limitations requires that a wrongful death lawsuit against individuals or commercial entities that caused or contributed to the death must be filed within two (2) years of the date of the decedent’s death.  Alternatively, the claim can also be settled within the 2 years of the decedent’s death so long as a formal settlement agreement is entered into and signed by all parties before the 2-year deadline.

There Is A Shorter Statute of Limitations for filing wrongful death claims against California public entities

If the wrongful death claim involves a public entity such as a State, County, City, or Government agency (for example the decedent was hit by a City bus), you have only six months from the date of the accident under California law to prepare and file a formal Notice of Claim with the responsible public entity. If the public entity rejects your claim, you only have six months from their rejection to file a wrongful death lawsuit. Failure to meet these deadlines can result in the permanent loss of your right to bring a claim.

What is the Average Settlement for Wrongful Death in California?

One of the questions often asked by those pursuing a wrongful death claim is about the potential settlement they might receive. While each case is unique, this section provides insight into factors that influence the average settlement for wrongful death in California.

Wrongful death settlements can vary widely based on multiple factors, including economic and non-economic damages, case-specific details, and the expertise of legal representation. While an average settlement can provide a general idea, it’s essential to seek professional legal advice to understand the potential value of your specific case. An experienced wrongful death attorney can help you through the legal process, and ensure you receive a fair and just settlement to compensate for your loss and related damages.

Every case and each victim is unique, making it difficult to determine an average wrongful death settlement. California wrongful death settlements can range from a low of $50,000 to greater than $10,000,000 depending on the specific facts of the case, the amount of claimable damages, the age and income amount the deceased earned, and what amount of insurance and assets are available to pay the claim.

Factors Affecting Wrongful Death Settlements:

1. Economic Damages:

• Loss of gifts and benefits from the deceased.
• Funeral and Burial Expenses: The expenses incurred for funeral services, burial, cremation.
• Loss of household services of the deceased.

2. Loss of Financial Support:

• Projected earnings and financial support the deceased would have provided to their family had they lived.

3. Non-Economic Damages:

• Loss of the relationship.
• Loss of Companionship
• The loss of guidance, love, and support that the deceased would have provided.
• Loss of sexual relations for the spouse or domestic partner.

Case-Specific Factors That Influence Wrongful Death Compensation:

1. Extent of Negligence or Recklessness: The degree of negligence or wrongful conduct by the responsible party can impact the potential settlement amount.  For example, drunk driving and driving at twice the posted speed limit can increase the settlement amount.

2. Age and Health of the Deceased: The age, occupation, health, and life expectancy of the deceased will influence case value and the potential financial support the family could have expected.

3. Number of Dependents: The number of and financial dependence of surviving family members of the deceased at the time of the accident and their death can affect the overall settlement amount.

4. Impact on Survivors: The emotional and financial impact of the loss on the surviving family members is taken into account when determining the settlement.

Determining an average settlement for wrongful death is complex due to the unique circumstances of each case. It’s crucial to consult with a skilled wrongful death attorney who can evaluate your case’s specifics and provide a more accurate estimate based on their experience and knowledge of California law.

California Survival Actions In Wrongful Death Cases

A wrongful death lawsuit is separate from a California survival action. Survival actions are filed on behalf of the Wrongful Death victim’s Estate for economic and non-economic damages suffered by the victim from the time of the accident until their death from the wrongful act under California Code of Civil Procedure 377.30. A California survival action may include recovery for any medical bills incurred by the deceased from the point they were injured until the time of death, pain and suffering and any disfigurement the deceased may have suffered from the time of the accident until the time of their death. The damages are paid to the victim’s estate and are then distributed to their heirs in accordance with the victim’s Will or estate plan, and if none, then in accordance with California’s laws on intestate succession.

How Long Does It Take to Settle a Wrongful Death Lawsuit?

For those seeking justice and closure after the wrongful death of a loved one, understanding the timeline of a wrongful death lawsuit is crucial. This section provides insights into the factors influencing the duration of the legal process and how long it typically takes to settle a wrongful death lawsuit in California.

The duration of a wrongful death lawsuit varies depending on several factors, including the complexity of the case, availability of insurance or assets to compensate the family, whether litigation is needed, whether trial is needed and if so, the court’s schedule is a factor. While some cases may be resolved within a year, others requiring more extensive litigation or a trial can take 2 to 3 years to conclude. Working closely with an experienced wrongful death attorney can help you navigate the legal process efficiently, and to obtain a fair claim resolution within a reasonable timeframe.

Factors Affecting the Duration of a California Wrongful Death Lawsuit:

1. Case Complexity: The complexity of the case, including the number of parties involved and the intricacies of the circumstances, can significantly impact the time it takes for resolution.

2. Investigation and Discovery: The time required for gathering evidence, obtaining medical records, completing depositions, and conducting formal discovery in litigation affects the duration.

3. Negotiations and Settlement Discussions: The willingness of parties to negotiate and reach a settlement can expedite the process, but one side’s unreasonableness may prolong it.

4. Litigation and Trial: If a fair settlement cannot be reached, the case will proceed into litigation and in few instances it may not resolve until close to or after trial and thus could involve pre-trial motions, trial preparation, an actual trial, and these can significantly extend the duration.

5. Court Caseload and Scheduling: The court’s workload and availability of trial dates can influence how long it takes to get a trial date scheduled and a trial completed.

Typical Timeline for a California Wrongful Death Lawsuit;

1. Initial Consultation and Case Filing: Engaging an attorney, investigating the case, and filing the lawsuit typically takes between 2 and 6 months.

2. Discovery and Pre-Trial Motions: The discovery phase can take 6 months to 1 year or more and is where evidence and testimony is gathered.  If trial is needed, pre-trial motions are filed and argued and then a trial occurs and this and any post-trial motions can extend the case 6 months to 1 year longer.

3. Negotiations and Mediation: Attempting settlement negotiations before a lawsuit is filed may happen and usually occurs within 3 months to 1 year after counsel is secured.  Once in litigation, the parties can submit to mediation for further settlement discussions and the case may resolve there.  Mediation typically happens within 6 months to 1 year after litigation is filed.  If it does not resolve there, it will require further litigation.

4. Litigation and Trial Preparation: If a prelitigation settlement isn’t possible or an unacceptable amount is offered, a lawsuit will need to be filed and litigation will proceed which can last 6 months to a year or more, depending on when the parties feel they are ready to reopen negotiations. If the parties do not resolve the case during the litigation, a trial will be required which can add up to a year of additional time or more before resolution and post-trial motions are finalized.

5. Trial and Post-Trial Motions: The trial itself may last a few days to several weeks depending on the complexity of the case, the number of plaintiffs and defendants, and the number of witnesses and experts called. Post-trial motions alone can take 2-3 more months after trial.

6. Appeals (if applicable): If either party appeals the judgment, this process could extend the timeline up to a year or more.

Who Gets the Money in a Wrongful Death Lawsuit in California?

In the aftermath of a wrongful death lawsuit, understanding how the financial compensation is distributed is vital. This section provides clarity on how the awarded money is allocated among the eligible parties in a wrongful death case in California.

The family’s negotiation dynamics play a significant role in determining the distribution of the proceeds from a wrongful death claim settled without trial. Seeking legal advice from a knowledgeable wrongful death attorney can help ensure that the compensation is allocated fairly and in a manner that addresses the needs of the surviving family members appropriately. Where agreement cannot be reached, division between the parties can be worked out with a mediator or decided by arbitration.

Distribution of Wrongful Death Compensation In California:

1. Surviving Family Members: The compensation is typically awarded to the surviving family members or dependents of the deceased.

2. Immediate Family: Spouses, children, and parents of the deceased are usually the primary recipients of the compensation (and in some instances siblings).

3. Estate of the Deceased (Survival Claim): If a Survival claim is asserted, any compensation is awarded for it goes to the estate of the deceased and is distributed according to the deceased’s Will/Estate plan, and if none, then according to California intestate succession laws.

Factors Influencing The Distribution Of Wrongful Death Compensation:

1. Court’s Decision: If your case is litigated to a favorable verdict, the judge can decide how the compensation will be allocated in a hearing based on the evidence presented if the parties cannot agree on an allocation.

2. Dependence on the Deceased: The amount each family member receives can be influenced by their financial dependence on the deceased.

3. Negotiated Agreements: The involved parties typically negotiate and agree upon the distribution of the compensation when the case is settled.

Common Distribution Scenarios:

1. Equal Distribution: The compensation can be divided equally among the surviving family members who asserted a claim, such as the spouse, children, and/or parents.

2. Proportional Distribution: Compensation can be distributed based on the degree of financial dependence each family member had on the deceased.

3. Special Considerations: Special circumstances or needs of certain family members who have asserted a claim may be considered when determining the distribution of the compensation.

Seeking Legal Assistance For The Fair Distribution Of Wrongful Death Claim Proceeds Is Advisable

Consulting with an experienced wrongful death attorney is crucial to ensure the fair and just distribution of compensation. The attorney can provide valuable guidance and utilize a mediator or arbitrator to help establish an equitable distribution plan following California law.

What is the One Action Rule in California for Wrongful Death?

California’s legal framework for wrongful death cases is guided by specific principles and rules. One important principle is the “One Action Rule.” In this section, we explore what the One Action Rule entails in the context of wrongful death lawsuits in California.

The One Action Rule is a fundamental legal principle in California designed to streamline the legal process and promote fairness and efficiency in wrongful death cases. Understanding how this rule operates and consulting with a skilled wrongful death attorney is crucial for claimants seeking justice and compensation for the loss of a loved one.

Understanding the One-Action Rule:

The One Action Rule, as applied in California, is a legal principle designed to prevent multiple lawsuits arising from the same wrongful death. It mandates that the claims of all legal heirs arising from a single wrongful act of negligence that resulted in a person’s death must be brought in a single lawsuit.

Rationale Behind the One Action Rule:

1. Judicial Efficiency: The One Action Rule promotes judicial efficiency by consolidating all related claims arising from a specific incident into a single proceeding, preventing multiple separate lawsuits.

2. Fairness and Consistency: Consolidating claims ensures one outcome for all parties involved, avoiding potentially conflicting judgments from multiple lawsuits.

How the One Action Rule Applies to Wrongful Death:

1. All Claims in One Lawsuit: In a wrongful death case, the One Action Rule dictates that all eligible claimants must bring their claims (related to the wrongful death) against the responsible party or parties in a single lawsuit.

2. Consolidation of Claims: This consolidation allows the court to address all claims collectively, ensuring a fair and comprehensive resolution for all parties involved.

The Importance of Legal Counsel In Wrongful Death Claims

Navigating the legal process in a wrongful death claim requires legal expertise. A qualified California wrongful death attorney can determine who can make a claim and guide claimants on the appropriate course of action, ensure compliance with all rules, and maximize their chances of obtaining fair and just compensation.

We offer a free consultation to family members who have lost a loved one in a Wrongful Death Accident

At The Hassell Law Group, our legal team are experts in wrongful death claims and personal injury law.  We have over 100 years of combined legal experience, and experience matters. We hold negligent parties accountable and stand up to their aggressive insurance companies.  Our history of obtaining award-winning results for our clients is proof of our commitment to fight every step of the way to achieve the best possible outcome for our clients. We work on a contingency fee basis, which means there is no financial risk in hiring our law firm.  We advance the time and costs necessary to obtain a successful result in your case, and aren’t paid until results are obtained.

Contact us today to schedule a free consultation and case evaluation. We welcome your questions.

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