If someone you love has been taken from you too soon due to another’s actions, we understand how difficult this time is. In California, the law allows family members to bring a wrongful death claim against the responsible party and hold them accountable.

A wrongful death claim can help cover losses such as the income the person would have earned and funeral costs. These cases share similarities with claims for loss of companionship when a spouse or partner suffers from the absence caused by wrongful conduct, except that, in wrongful death, the loved one has passed away.

Often, wrongful death claims are filed alongside survival actions, which seek to recover damages on behalf of the deceased person’s estate for the suffering they endured before passing.

If you’ve lost someone close to you and want to talk about your situation with an experienced wrongful death lawyer in San Bernardino, we’re here to listen. Connect with a skilled California wrongful death attorney at our San Bernardino law firm office listed below, or fill out the brief form to speak directly with a member of our legal team.

Understanding the California Wrongful Death Statute Section 377.60

In California, wrongful death claims are governed by Section 377.60 of the California Code of Civil Procedure. This law specifies who may bring a wrongful death lawsuit, outlines the parties eligible to receive damages, and details how those damages are allocated.

Section 377.60 of the California Code of Civil Procedure deals with situations where a person’s death results from another’s careless or wrongful actions. When a family loses someone due to an accident caused by someone else’s negligence, California law provides a way for the family to seek financial help.

This statute allows the deceased person’s estate to bring a civil lawsuit against the responsible party. This legal action is separate from any criminal case the state may pursue and focuses on recovering money for the harm caused by the loss.

What Is a Wrongful Death Claim?

A wrongful death claim is a legal case filed by the family members of someone who lost their life due to another person’s careless, intentional, or reckless actions. Although money can’t replace a loved one, California law allows for holding those responsible accountable, which can provide some comfort to those left behind.

Choosing to pursue a wrongful death claim after losing someone is a very personal decision. When you feel ready to discuss your situation with a wrongful death attorney, the team at Gold Law Firm is here to support you in seeking justice. Our San Bernardino personal injury lawyers can help you get the compensation you deserve and get your life back on track.

Who Can File a Claim Under California’s Wrongful Death Statute?

The wrongful death section of the California Code of Civil Procedure allows certain family members or their personal representatives to bring a wrongful death claim. Priority is given to the surviving spouse, domestic partner, children, and the descendants of any deceased children.

If there are no surviving descendants, then family members who would inherit the decedent’s property if there was no will may pursue a claim. Additionally, people who depended on the deceased, such as a putative spouse (someone who believed in good faith they were lawfully married), children of that spouse, stepchildren, or parents, may file a claim.

Lastly, minors who lived with the deceased for at least 180 days before their passing and relied on them for half or more of their support are also eligible to file a wrongful death claim in California.

What Are Common Causes of Wrongful Death in California?

Many wrongful death cases in California involve situations like:

• Motor vehicle accidents, including hit-and-run incidents, and collisions caused by drivers under the influence
• Pedestrian injuries
• Slip-and-fall mishaps
• Accidental drownings
• Assaults
• Murder or manslaughter
• Elder or child abuse
• Medical mistakes
• Dog attacks
• Faulty or defective products

Wrongful death claims can arise whether the death happened due to carelessness, extreme carelessness, recklessness, or intentional actions.

Family members may also bring claims against those who hold strict liability for a death, such as manufacturers of defective products or owners of dangerous dogs. It’s important to note that a wrongful death claim can be pursued even if the person responsible is never criminally charged or found guilty.

A well-known case in California is OJ Simpson’s, where he was found not guilty in criminal court but was held responsible in civil court for wrongful death.

How Much is a Wrongful Death Lawsuit in California Worth?

Wrongful death claims often arise for two main reasons:

1. To hold those responsible accountable.
2. To help provide some financial support after the loss of a loved one has turned life upside down.

Because every situation is different, there isn’t a reliable way to predict the average amount awarded in a wrongful death case in California, or any other state. If you’re curious about what a typical payout might be, it’s important to consult with a skilled wrongful death attorney.

If you want an informed opinion about the value of your wrongful death claim in California, reach out to an experienced lawyer. They can review the details, look into the case if needed, figure out what types of damages to pursue, and recommend the best approach to secure the highest possible compensation. At Gold Law Firm, we are always ready to assist with personal injury cases or car accident claims resulting in wrongful death.

What Damages May Be Claimed in a California Wrongful Death Lawsuit?

In wrongful death claims, both economic and non-economic damages can be awarded. Let’s take a look at what each one of these mean.

Economic Damages

Economic damages cover the financial support the deceased would have provided to their family, any gifts or benefits the heirs might have expected, funeral and burial costs, and the reasonable value of household services the person would have performed.

These losses are often easier to determine by reviewing financial documents and receipts.

Non-Economic Damages

On the other hand, non-economic damages involve compensation for the loss of the decedent’s companionship, protection, affection, moral support, guidance, and intimate relationships.

Since 2022, claims can also include damages related to the pain, suffering, or disfigurement the deceased experienced. California law does not set a fixed amount for non-economic damages in wrongful death cases; instead, the jury decides what is fair based on the evidence and common understanding.

Non-economic damages do not cover grief or emotional pain suffered by the heirs themselves.

How is a California Wrongful Death Settlement Paid Out?

Wrongful death settlements in California can be paid out as a single lump sum or through a structured arrangement where payments are spread over time. The funds aim to cover financial losses, like the wages the deceased would have earned, and personal losses, such as the loss of companionship.

The time frame for claiming these damages depends on which is shorter: the deceased person’s life expectancy when the wrongful act happened, or the life expectancy of the person making the claim.

As experienced wrongful death lawyers in California know, determining life expectancy is something a jury decides based on all relevant factors including health, lifestyle, and work.

Usually, when adult beneficiaries agree on dividing the compensation, the court follows their plan. There are certain situations where the court steps in. If there are liens against the deceased’s estate, those amounts come from the estate’s share, not the portions for surviving family members.

For minor children, a guardian is appointed under California’s guardianship rules to manage the funds until the child reaches adulthood. Adults who depend fully on the deceased for financial support, often due to physical or mental disabilities, receive the same priority as minor children.

Attorney fees are normally taken from the survivors’ shares and the estate, paid by the person handling the estate. If the spouse is the estate’s representative, the court may appoint an administrator ad litem during the case to ensure the funds are fairly divided.

Statute of Limitations for Wrongful Death Claims in California

Losing someone because of another person’s negligence or wrongdoing is deeply painful. When dealing with this loss, it’s important to know that there is a limited time to start a wrongful death lawsuit.

In California, this period is generally two years from the date the person passed away. If a claim isn’t brought within this time, courts usually won’t accept it, except in certain situations.

Exceptions to the California Wrongful Death Statute of Limitations

The usual timeframe for filing a wrongful death claim in California is two years, but some situations may change this limit. Here are those exceptions:

1. If the cause of death wasn’t immediately clear and was found later, the deadline might begin from when the wrongful act was discovered, not the actual date of death.
2. When a government entity is involved, the claim must be made within six months of the incident, so less than the two-year time frame.
3. If the heirs of the deceased are minors, the law can allow extra time before filing.

Understanding Comparative Negligence in the California Wrongful Death Statute

In California, wrongful death claims follow a “pure comparative negligence” rule, which means if the person who died was partly responsible for the accident, the amount awarded can be lowered by their share of fault.

For instance, if they are found 20% responsible, the compensation would decrease by 20%. Additionally, California limits non-economic damages in medical malpractice wrongful death cases to $250,000. Even if a jury decides on a higher amount for pain and suffering or other non-monetary losses, the final award will be adjusted to meet this limit.

What Must Be Proven to Win a Wrongful Death Case in California?

To succeed in a wrongful death claim in California, the person bringing the case must show that a death occurred and that it was caused by someone else’s careless or intentional actions.

It must also be shown that the family or survivors have faced financial losses directly because of that death. Handling a wrongful death case can be complicated, especially while dealing with the emotional strain of losing a loved one.

Families affected by this sudden loss should learn more about Section 377.60 of the California Code of Civil Procedure. The best way to do that without a law degree is to seek advice from an experienced wrongful death attorney near you.

How Can a California Wrongful Death Attorney Help?

Losing someone close is a heavy burden, and handling the following legal matters can add even more stress and confusion. At times like these, having a skilled California wrongful death attorney can make a significant difference.

A skilled wrongful death lawyer will carefully review your situation to decide the best steps to take and manage all the paperwork and deadlines so you don’t have to worry about them. A dedicated attorney will also look into your claim, gather evidence, and help figure out what compensation might be fair. They handle discussions with insurance companies and are prepared to represent you in court if an agreement cannot be reached.

The support from a California wrongful death lawyer can save you time, reduce frustration, and bring some relief during a difficult time.

Speak With an Experienced California Wrongful Death Attorney Near You in San Bernardino

Losing a family member due to someone’s negligence can leave you feeling lost and overwhelmed, which is completely understandable. At Gold Law Firm, our caring attorneys, including those experienced in drowning accident cases, are here to talk about how you might proceed with a wrongful death claim under Section 377.60 of the California Code of Civil Procedure.

The loss of a loved one cannot be measured in money, but we can work to hold those responsible accountable for their actions. We’re also available to help whenever you need support navigating this tumultuous time and confusing legal process.

Call us at 909-308-1118 or contact us online to book a free, no-obligation consultation with a compassionate California wrongful death attorney near you.