SANTA CLARITA WRONGFUL DEATH ATTORNEY
Santa Clarita, CA wrongful death attorney Robert Mansour can help advise you regarding your wrongful death claim. Personal injury law includes a claim you may have for the loss of a family member who was killed in an accident or died from the negligence of someone else. This is known as a Wrongful Death Claim. For example, a parent or sibling etc. of the victim may have standing to bring such a claim of wrongful death.
A wrongful death action is a statutory right to sue a person or business responsible for causing a death. A wrongful death claim may be brought in any case where the decedent could have brought a lawsuit for damages and injuries caused by the negligence of another person.
When it comes to wrongful death cases in Santa Clarita, Los Angeles and California at large, damages may be awarded to those who are considered to be survivors of the victim. Survivors generally include the immediate family members of the victim. The wrongful death victim's heirs may be entitled to compensation in the form of money damages for their loss of:
- possible support
- loss of companionship
- loss of society
- grief or sorrow
- loss of comfort
- loss of consortium
- damages for pain, suffering or disfigurement of the decedent
Also, the damages which can be recovered by the personal representatives of a decedent's estate may include special damages, which were incurred or sustained before death, funeral expenses, and punitive damages, that the decedent would have recovered if he had lived, but do not include damages for pain, suffering or disfigurement of the decedent.
Proving such damages is often very difficult. It is relatively obvious where a surviving spouse argues he/she lost the earnings capacity of their partner. However, when it comes to parents and siblings, it is harder to prove the economic loss. However, there are still the non-economic components of the claim that cannot be ignored.
As a general rule, the death must be caused in whole or in part by the conduct of a negligent defendant and there is a surviving spouse, children, beneficiaries or dependents and monetary damages have resulted from the victims’ death.
In California, wrongful death claims can be brought by specific individuals and must meet certain legal criteria to prevail. Here is an overview of who qualifies to bring such a claim, what must be proven, and the damages that can be sought.
Who Qualifies to Bring a Wrongful Death Claim in California:
Under California law (California Code of Civil Procedure Section 377.60), the following individuals are typically eligible to file a wrongful death lawsuit:
- Surviving Spouse or Domestic Partner: The legal spouse or registered domestic partner of the deceased.
- Children: The deceased person's biological or legally adopted children.
- Issue of Deceased Children: Grandchildren, if the deceased’s children are also deceased.
If none of the above exist, the following parties may also be eligible:
- Dependents: Individuals who were financially dependent on the deceased, such as parents and children.
- Heirs: Any person who would be entitled to the deceased’s property under California’s intestate succession laws, such as siblings or other relatives.
What Must Be Proven to Prevail in a California Wrongful Death Claim?
To prevail in a wrongful death claim in California, the plaintiffs must prove the following elements:
- Death of a Human Being: There must be a death of a person.
- Caused by Another’s Negligence or Intentional Act: The death must have been caused by the wrongful act or negligence of another party. This can include actions that are careless, reckless, or intentional.
- Losses Suffered by the Heirs: The surviving family members or heirs must have suffered damages due to the death. This can include financial, emotional, and other types of losses.
- Causation: There must be a direct link between the wrongful act and the death of the individual. It must be shown that the defendant’s actions were a substantial factor in causing the death.
Damages That Can Be Sought in a Wrongful Death Claim in California: Damages in a wrongful death claim are intended to compensate the surviving family members for their losses. These can include:
A. Economic Damages:
Financial Support: Loss of financial support the deceased would have provided.
Funeral and Burial Expenses: Costs associated with the funeral and burial of the deceased.
Household Services: Loss of services the deceased provided, such as childcare or household chores.
Medical Expenses: Expenses incurred for medical care prior to the death.
B. Non-Economic Damages:
Loss of Companionship: Loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support.
Loss of Consortium: Loss of the deceased’s sexual relations and the right to companionship and intimacy (for the surviving spouse or partner).
Loss of Guidance: Loss of guidance and training the deceased would have provided (especially relevant for minor children).
Punitive Damages: These are not typically awarded in wrongful death claims unless the death resulted from particularly egregious conduct. They are intended to punish the wrongdoer and deter similar conduct in the future.
Key Points:
- The statute of limitations for filing a wrongful death claim in California is generally two years from the date of the deceased person's death.
- The burden of proof lies with the plaintiffs to establish the defendant's liability by a preponderance of the evidence.
Understanding these elements is crucial for those considering a wrongful death claim to ensure they meet the legal requirements and can effectively pursue the compensation they deserve.
Santa Clarita, CA wrongful death attorney Robert Mansour can help advise you and offer you guidance regarding your case. He serves the entire Santa Clarita Valley including Valencia, Canyon Country, Saugus, Newhall, Castaic, Stevenson Ranch, and surrounding communities. Call Santa Clarita personal injury attorney Robert Mansour at (661) 414-7100 for a free consultation and evaluation of your case. You can also fill out our Free Case Evaluation form.