What is a Wrongful Death Action?
Typically, a victim’s spouse or children can file a wrongful death claim. Not everyone leaves a surviving spouse or kids—in that case, the parents and then the siblings can bring a claim. California has an expansive view of family, allowing unadopted stepchildren and foster children to file these claims, as well. In fact, California does something most states do not do—it allows non-family members to bring wrongful death claims if they can demonstrate that they were financially dependent on the deceased.
Establishing a wrongful death claim requires proving the four components of negligence. The first element is the duty of care. The wrongdoer must have owed a duty to the victim. A duty of care can be specific, like the duty a healthcare worker has to a patient. It can also be a general duty, like the duty that drivers owe to all other drivers.
After establishing the existence of a duty, the survivors must prove the wrongdoer breached that duty. A breach means the wrongdoer failed to meet the standard of care, either through an act or an omission. Proving a breach is not enough—the breach has to be the cause of the deceased’s death. It does not, however, have to be the sole cause. Preexisting conditions or the victim’s own negligence can contribute to the accident, as well, and not prevent the survivors from recovering since California is a contributory negligence state.
The final step is proving damages. What losses have the survivors experienced, and what is the combined monetary value of those damages? This can be tricky since many of the damages, such as loss of consortium, are intangible—they do not have a direct monetary value. Some examples of damages available in wrongful death suits include lost wages, funeral expenses, mental anguish, and medical bills. Our Bakersfield lawyers could calculate the monetary value of losses after a wrongful death.
Calculating Wrongful Death Damages
The damages that you might recover in a wrongful death lawsuit will always depend on the specific facts of your case. An experienced wrongful death lawyer in Bakersfield will use those facts to demonstrate the maximum value of:
- The salary and wages, pension benefits, and medical and other insurance benefits the deceased party would have earned or received through their employment
- The value of the accident victim’s contribution to supporting their household, including child-rearing, maintenance, and regular or daily tasks
- Funeral expenses incurred by the victim’s survivors
- Non-economic losses, which encompass the subjective emotional trauma experienced by surviving family members.
The calculations that an attorney will make are inevitably complex and may require support from financial and other experts who can testify as to certain values regarding the victim’s prospective earnings and benefits. The victim’s age, general health, and occupational history will play critical roles in those calculations.
To arrive at a final damages amount, a court will generally determine the present value of the victim’s prospective earnings and set a lump sum amount to divide among plaintiffs in a wrongful death lawsuit.
Wrongful Death Damages Do Not Include Punitive Damages
Punitive damages, which are awarded in extreme cases to punish a grossly negligent party, are generally not awarded in wrongful death lawsuits. Your attorney, however, may be able to identify a basis for punitive damages in a survival action, which is separate and distinct from the wrongful death lawsuit. Although punitive damages are rarely awarded in injury cases, experienced lawyers, including the wrongful death and survivor action legal team at LNN, will always scrutinize evidence to determine if a valid argument for punitive damages can be made.
Important Filing Deadlines for Wrongful Death Claims
A deceased victim’s heirs have two years from the date of death to file a Bakersfield wrongful death lawsuit, but as with many legal matters, a lawyer will tell you that there are important exceptions to that deadline. If, for example, a government entity, such as the State or a municipal entity, is liable for causing a wrongful death, the victim’s family has only six months to file an administrative claim for damages. If the state or municipality denies the claim, the family then has six months from the date of denial to file a lawsuit.
Further, if medical malpractice was the cause of the victim’s demise, the filing deadline is only one year from the date when the victim’s family discovered or should have discovered the malpractice or three years from the date of the injury that precipitated a malpractice claim. In all cases, these deadlines can be extended if the victim’s heir who will file the lawsuit is younger than 18.
The deadline for the victim’s estate to file a survival action is the later of two years from the date of the injury that caused the death or six months after the death. If a probate court has not named an approved representative for the victim’s estate within these time limits, the right to file a survival action may be lost. Rather than take that risk, a wrongful death victim’s family should consult with a knowledgeable attorney promptly after the death.
How Can You Help Your Wrongful Death Claim?
Because every Bakersfield wrongful death lawsuit is built on a specific set of facts, you can help your attorney and give yourself the best opportunity to recover substantial damages if you collect and retain evidence that supports your case. That evidence can include the accident victim’s pay stubs and wage statements, medical records and invoices from doctors and hospitals, bills from funeral homes, statements attesting to how the victim participated in the life of their family, and reflections on how the victim’s absence has adversely affected the family. Talk to your lawyer for more recommendations on the type of evidence that will enhance your claims.
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