In California, the law relating to claims against loss arising out of wrongful death is a creature of statute and very often, it is found to be complicated or even illogical. If a loved one has been lost because of a wrongful conduct of another, it's crucial to understand your rights and those of other surviving loved ones.



Use of the term “wrongful death" refers to any case in which a death occurs due to negligence or intentional misconduct from another person. Such carelessness can include a physician whose negligent actions during surgery result in death, or who should have diagnosed a curable condition but did not. You might have a valid claim if the death was the result of a car accident, or a slip, trip, or fall. The same rights would be for an untimely death that comes from a premeditated act like assault and battery.

Determining who has "standing", or the right to bring a wrongful death action, depends on statutes having to do with the order certain heirs are entitled to property of the deceased. You can bring a wrongful death suit to court depending on which order the heirs are entitled to the deceased's property. For instance, in most cases, the people with the most standing to bring such a lawsuit are the parents and siblings of the victim. In normal circumstances, the ability to bring such a lawsuit is not available to other family members such as the parents and siblings of the victim. However, depending on the circumstances, there are some exceptions. The rules determining people allowed to recover damages are complicated.

One example of such circumstance would be the death of a person that is unmarried and without children. This person’s “domestic partner" is entitled to bring forth a lawsuit. If the spouse and children are passed away, but there are grandchildren, then the grandchildren would have a claim. However, unless the deceased has been supporting their parents, this is true for the surviving parents of the deceased as well. To make matters even more confusing, a spouse in a voided marriage who believed in good faith that the marriage was legal might have the right to initiate action.

After it has been clearly established which parties have standing, damages can be addressed. Always remember that these and other types of personal injury actions come under two headings: economic and non-economic. The economic grouping has to do with items such as the funeral, burial expenses, lost support, etc. Non-economic damages include loosing a relationship with the deceased.

Below is a list of economic damages in detail:

1.Financial support contributed to the family by the late person or expected during the loved one's remaining life expectancy;

2. Deprivation of benefits and expected gifts from the deceased;

3. The cost of the funeral including all other expenses involving the burial

4. The estimate of the value of household services that the person who passed would have provided.

The law permits recovery of damages for non-economic losses in these specific cases: First,

1. The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support;

2. Decreased enjoyment of sexual encounters or

3. The loss of any training and guidance provided by the deceased.

Exclusions: potential grief, sorrow, or mental trauma the loved ones and decedents face; or the poverty or wealth of survivors.

In most cases, wrongful death actions cannot result in the recovery of punitive damages.

One exemption, however is when there is death from a felony homicide where the defendant was previously convicted. (California Civil Code, s 3294(d).)

Sometimes there are conflicting and competing interests among surviving parities and since it's often difficult to figure out the losses sustained, the judge and jury is the one who has to allocate any recovery among the parties. In viewing the Canavin vs. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512) case, you see that there was more than one relative who presented a claim. The jury awarded an amount for the survivors’ that was then split by the court. More often than not, cases involving wrongful death that are settled before the trial begins are due to the family reaching an agreement. The court must approve an arrangement if minors are involved.

This is only an overview of the wrongful death laws in California. This is not legal advice for any particular case. The law is very complex, so you need to talk to a knowledgeable trial attorney to understand your rights in the event of such a loss.