A loved one’s death leads to broken hearts in families, no matter the cause. If an accidental or intentional act leads to the death of that family member, the death can feel all the more difficult to comprehend. In cases like this, it can be beneficial to work with Sacramento wrongful death attorneys to help understand your situation and if you can bring a wrongful death claim in California.
What Is a “Wrongful Death”?
In California, a wrongful death is when a person dies due to the misconduct of another person or entity. Causes of deaths that could potentially be ruled as wrongful include:
- medical malpractice
- car accidents
- drowning
- elder abuse or neglect
- child abuse or neglect
- assault and battery
- murder or manslaughter
- selling defective products
- dangerous premises
A successful wrongful death claim can compensate survivors of the deceased for losses they incur due to the death. A person can be acquitted in a related criminal case but still found to be liable for a wrongful death in a civil case.
Negligence
When a person or entity is careless in an act that leads to death, they can be labeled negligent in a wrongful death claim. For this civil claim to be successful, the decedent’s family has to prove that the defendant’s negligence led to the death of the victim. Proving the cause of death was the defendant’s negligence can be difficult, but these claims are dealt with in civil court, where there is a lower burden of proof than in criminal court.
Intentional Acts
When a person or entity acts with the intent to harm someone, even if they have no plans to kill the person, their intentional act may be determined to be the cause of the victim’s death. Typical intentional acts – such as assault, battery, and murder – are usually criminal charges.
The burden of proof in a criminal case is higher than in a civil case. Even if a jury acquits someone of assault, battery, or murder, the jury may still find the defendant liable for wrongful death.
Recovered Losses From A Wrongful Death
If you suspect a loved one suffered from a wrongful death, you may be able to recover damages or economic and non-economic losses. In California, these damages include funeral and burial costs, the victim’s lost future income and financial support, and the loss of consortium and companionship.
- Funeral and Burial CostsSome funerals cost over $10,000. Loved ones can recoup the expenses of the funeral and burial. Included are the reasonable costs of:
- Funeral services,
- Cremation,
- Interment,
- The casket or urn,
- The burial plot, and
- The headstone or grave marker.
- The Victim’s Lost Income and Financial SupportThe lifestyle that you and your surviving family members can afford may change as a result of your loved one’s death, especially if the victim was your primary source of income. You can recover the loss of future income and financial support your loved one would have contributed. The damages sought here would ensure the economic stability that the decedent would have provided to you and your family.The financial support is limited to what would have been provided during the decedent’s life expectancy or your life expectancy, whichever is shorter. The judge decides the relevant life expectancies based on occupation, health, lifestyle, and other relevant factors.Seeking damages for lost income requires a strong understanding of the law and attempting to calculate that value without the support of a wrongful death attorney could result in significant loss.
- Loss of Consortium and CompanionshipBrought into the claim by the surviving spouse, a “loss of consortium” refers to the intangibles the decedent provided to their spouse or partner. These include, but are not limited to, the loss of love, companionship, care, protection, moral support, and the loss of the enjoyment of sexual relations [or the ability to have children].
While no fixed standard exists for determining the amount of these damages, the judge presiding over the case can determine a value based on the pertinent information.
FAQs
Q: What Qualifies for Wrongful Death in California?
A: When a person dies as a result of the harmful acts of another, the death qualifies as wrongful death in California. This remains true, regardless of whether the actions were based on negligence, carelessness, or intent. Wrongful death claims are filed in civil court and seek monetary compensation for damages that relate to the end of a loved one’s life.
Q: What Is the Burden of Proof for Wrongful Death?
A: With wrongful death civil cases, the burden of proof is usually “a preponderance of the evidence.” A preponderance of the evidence focuses on what is likely. In a wrongful death case, the plaintiff needs to prove that it’s more likely true than not true that the defendant caused the death of the decedent. This differs from criminal cases, where the burden of proof to determine guilt is beyond a reasonable doubt.
Q: What Is the Average Wrongful Death Settlement in California?
A: While the amount of a wrongful death settlement depends on the specifics of the claim, the average compensation falls between $250,000 – $500,000. This does not mean every claim will fall in these amounts, as a wrongful death settlement can range between thousands and millions of dollars. A wrongful death attorney can help you estimate the value of your claim.
Q: Can You Get Punitive Damages for Wrongful Death in California?
A: There are two instances where punitive damages can be sought in a wrongful death case. First, the decedent’s family can file for punitive damages if the person who caused the death was found guilty of felony homicide. Second, the decedent’s estate executor can file a survival cause of action. The survival cause of action can only be filed if the decedent experienced economic losses, but even damage to clothing or a cell phone can count as a loss.
Get Help From Guenard & Bozarth, LLP
Properly grieving a loved one is a difficult and lengthy process. When that loved one is gone due to a wrongful death, the pain can be overwhelming. Contact the lawyers at Guenard & Bozarth, LLP, for help. They have the experience necessary to answer your questions and guide you through this troubling time.
