Wrongful Death Actions
Survivors bring wrongful death actions on their behalf, but not all surviving family members or loved ones have the same right to bring the suit. Generally, a victim’s spouse or children have the right to bring a wrongful death suit. If the victim had no spouse or children, the parents can bring the suit. California also allows putative spouses and unadopted—step or foster—children to bring these suits. It even allows non-family members to take action if they can demonstrate that they were financially dependent on the deceased.
To prove a wrongful death claim, the survivors must establish several elements. The first element is a duty of care. The duty can be of reasonable care, which is a broad duty that people may have without any personal relationship.
Next, the wrongdoer must breach the duty of care. A breach can be any act or omission that violates the standard of care. The breach has to be the cause of the victim’s injury. In other words, the survivors must prove the accident would not have occurred but for the wrongdoer’s misconduct. However, if a victim’s preexisting conditions contributed to the death, it does not remove the causation element.
Finally, the survivors have to prove damages. It is not enough to prove that the wrongdoer caused the victim’s death. The survivors must prove that the victim’s death damages them. To do so, it helps to show how the person contributed to the survivor’s life. In addition to medical bills, lost wages, funeral expenses, and other financial damages, the survivors can allege loss of consortium, mental anguish, and other intangible damages.
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