Wrongful death claims arise from tragic circumstances, where a person’s death is caused by another’s negligence or deliberate actions. These claims are not straightforward; they require proving several key elements such as the defendant’s duty of care, the breach of this duty, the causation linking this breach to the death, and the consequent damages suffered by the family.
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Who Can File a Wrongful Death Claim in California?
The right to file a wrongful death lawsuit is designated to those closely affected by the loss. This group typically includes spouses, domestic partners, children, and in some cases, dependents. This legal provision in this type of personal injury lawsuit aims to address the financial and emotional void left by the deceased, affecting both immediate family members and, at times, a broader circle.
Note that the statute of limitations, or the deadline to file a claim, for this type of personal injury is generally two years from the date of the death.
Types of Damages: Economic vs Non-economic Damages
In legal terms, damages from wrongful death claims are categorized into economic and non-economic types.
Economic damages cover the tangible losses, such as funeral expenses, loss of income, and medical bills. Non-economic damages, meanwhile, account for the intangible aspects like pain, suffering, and loss of companionship, which are inherently difficult to measure.
Punitive damages may sometimes be considered in wrongful death cases as well, which are meant to punish the at-fault party for their actions — but this will turn a civil case into a criminal one. It is important to note that not all states allow for punitive damages in wrongful death cases, so it is best to consult with a legal professional on what the law allows in your location.
Evaluating Pain and Suffering for Wrongful Death in California
Although it can seem impersonal to assign a monetary value to someone’s emotional distress, it’s an essential aspect of compensating the survivors fairly. Damages in a California wrongful death case are collected from the party responsible for the wrongful act, typically through insurance settlements or court awards.
To evaluate pain and suffering damages, California law takes into account various factors such as the age of the deceased person, their occupation and income level, their relationship with the survivors, and any emotional trauma experienced by those who witnessed the death. The court also considers any evidence of medical or therapy bills related to mental anguish or grief.
In some cases, expert testimony may be used to help determine an appropriate amount for non-economic damages. This could include testimonies from psychologists or therapists who have evaluated and treated surviving family members for their emotional distress.
New California Law on Pain and Suffering Damages
and Survival Action
Can you get pain and suffering for wrongful death in California? The short answer is Yes.
In October 2021, California made a significant change to its laws regarding the types of damages that can be claimed after someone dies. Previously, if someone was severely injured and later died, their family couldn’t recover damages for their pain and suffering or disfigurement once they passed away. This often led to injured people rushing to court to try to get their cases heard before it was too late.
The new law, which updated Code of Civil Procedure 377.34, now allows these kinds of damages for pain and suffering to be claimed even after the injured person has died, through what’s called a “survival action.” This means their family or personal representatives can continue the lawsuit on their behalf.
A successor in interest is a person or entity that legally inherits the rights to pursue a claim or legal action from someone who has passed away. In the context of wrongful death, the successor in interest often takes on the role of plaintiff. This ensures that the cause of action, or the right to seek relief under the law for harms suffered, is preserved.
This change is in effect for cases filed between January 1, 2022, and January 1, 2026. It applies to all relevant cases during this period, including those that have been fast-tracked for trial.
There’s a sunset clause that means the law will expire at the start of 2026 unless it’s extended, which many believe it might be based on the outcomes and evaluations reported by the Judicial Council.
To better understand how this relates to your wrongful death damages and pain and suffering claims, reach out to an experienced wrongful death attorney in California.
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Handling the California Code of Civil Procedure on wrongful death cases requires both legal expertise and emotional sensitivity. The State’s evolving legal standards demonstrate a commitment to capturing the full scale of losses experienced by the deceased’s loved ones.
While the process can be daunting, it’s crucial for affected families to know they’re not alone. Legal professionals, such as those at RTM Law Firm, are available to guide you through seeking justice and compensation, including pain and suffering for wrongful death.
For those facing the challenge of a personal injury claim after a loved one’s death, we offer our expertise and support. We hope this guide provides useful insights into the process and encourages individuals to seek the appropriate legal assistance.
Remember, your quest for justice is valid, and there is help available to guide you through this difficult time.
Call our legal team to file a California wrongful death lawsuit at (661) 402-3200. No fees until we win.
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