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Understanding Wrongful Death in California
According to LawCornell, wrongful death is a civil cause of action brought by family members and dependents against individuals who knowingly or negligently cause the death of another person [1].
A wrongful death action may be brought against a person also facing criminal charges for the same event, and even if the person is not found guilty of a criminal charge, the person may be found liable for the wrongful death action because it has a lower burden of proof
Governed by state statutes, wrongful death claims limit who can receive damages – typically children and spouses, though some states also include parents, siblings, and other dependents.
Damages awarded in wrongful death suits compensate for lost financial support and emotional suffering, considering factors such as the deceased’s prior income, potential future earnings, and the level of dependence of family members. Juries may also award damages for funeral expenses, pain and suffering experienced by the deceased before death, and in some cases, punitive damages if the death resulted from intentional or reckless actions.
Understanding Statutes of Limitations
According to LegalZoom, statutes of limitations are laws that dictate the timeframe within which a person must file a lawsuit against an individual or company [2]. After this “statutory deadline” passes, filing a claim related to the incident is no longer possible. For instance, if a state has a 2-year statute of limitations for medical malpractice and you file a lawsuit 2 years and 1 day after the incident, your case will be dismissed. With rare exceptions, once the deadline expires, legal action cannot be taken.
There are two types of statutes of limitations, criminal and civil. Most statutes of limitations refer to civil cases. While crimes such as misdemeanors or petty crimes have statutes of limitations, most crimes do not. Homicides, for example, can be prosecuted at any time
The statutes of limitations also differ depending on whether the case is filed in federal or state court. Federal statutes of limitations apply to federal courts, while state statutes of limitations apply to state courts, with each having its own timeframes. Generally, state statutes of limitations range from 1 to 6 years, though the exact period can vary widely depending on the specific case and jurisdiction.
Statute of Limitations for Wrongful Death Cases in California
In California, family members have two years from the date of the victim’s death to file a wrongful death lawsuit. This means legal action must be initiated within this timeframe to seek compensation. Typically, the statute of limitations starts on the incident date, but if the victim died later, the period begins from the date of death.
Each wrongful death case is unique, with various rules and exceptions that may apply, making it crucial for families to consult with an attorney promptly.
A qualified wrongful death lawyer can help navigate these complex laws, determine if any exceptions apply, and ensure the case is filed within the correct timeframe.
The most relevant exceptions to the wrongful death statute of limitations include the medical malpractice discovery rule, claims against a public or government entity, and claims initiated by minors.
Who Can File a Wrongful Death Claim in California?
California law specifies who is eligible to file a wrongful death lawsuit based on their familial relationship to the deceased.
Those who have the legal right to take action include:
- Surviving spouses or registered domestic partners
- Children
- Grandchildren (only if the deceased person’s children are also deceased)
- Stepchildren or other children who depended on the deceased for at least 50% of their financial support
Additionally, successors of the deceased’s estate are eligible to file a Survival Action.
What is a Survival Action?
A survival action is a type of personal injury lawsuit filed on behalf of a deceased individual, seeking damages the victim would have been entitled to if they had survived. This legal action is typically initiated in cases where the victim was injured due to another party’s negligence and later succumbed to those injuries.
It’s commonly used in medical malpractice cases involving gross negligence, surgical errors, or misdiagnosis leading to a patient’s untimely death. The longer the period between the initial injury and death, the stronger the family’s case for a survival action lawsuit.
Unlike wrongful death lawsuits, which focus on the losses suffered by the survivors, survival action claims center on the damages endured by the victim between the injury-causing event and their death. During this period, the victim may experience significant pain, suffering, and emotional distress, and incur substantial medical expenses.
Survival actions seek compensation for the deceased’s pain and suffering before death and any medical bills incurred during that time. These claims ensure that the negligent party is held accountable, even if the victim did not die immediately from their injuries.
Damages in survival actions are paid directly to the deceased individual’s estate, which is then paid out to his or her beneficiaries through an executor when the estate is settled.
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If you or a loved one was involved with these matters, you should contact our law firm immediately for a free case evaluation. You may be entitled to a settlement by filing a suit and we can help.
References:
1. https://www.law.cornell.edu/wex/wrongful_death
2. https://www.legalzoom.com/articles/what-are-statutes-of-limitations