CALIFORNIA WRONGFUL DEATH LAWYER (PART I): WHAT IS WRONGFUL DEATH? WHO MAY RECOVER FOR THE WRONGFUL DEATH?
The following is a four-part series on wrongful death, including an overview of what it consists of and when a lawsuit for wrongful death is appropriate. If you are in need of a wrongful death lawyer in Los Angeles or California, please call us at 1-800-ALAWPRO.
Part one follows:
WHAT IS WRONGFUL DEATH?
A cause of action for the death of a person caused by the wrongful act or negligence of another may be asserted by any of the persons described in the next section, or by the decedent’s personal representative on his behalf [Code of Civ. Proc., 377.60].
Why do we need such a law? Because once a person’s death is caused by a civil wrong (a tort), the decedent cannot sue for his own damages. The decedent’s pain and suffering is no longer compensable. The decedent’s past and future loss of earnings are no longer compensable unless a third party would have recovered some benefit from those earnings.
So, if the decedent no longer has a cause of action against the wrongdoer, who can sue?
WHO MAY RECOVER FOR THE WRONGFUL DEATH?
1. The decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent if he died without a valid will;
2. Persons dependent on the decedent, the putative spouse, children of the putative spouse, stepchildren, or parents. As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
3. A minor at the time of the decedent’s death, if the minor resided for the previous 180 days in the decedent’s household and was dependent on the decedent for one-half or more of the minor’s support [Code of Civ. Proc. 377.60].
In order for any of these claimants (plaintiffs) to recover, they must still prove that the wrongful act of the tortfeasor (defendant) was a substantial factor in causing of the wrongful death.
Read our whole series on Wrongful Death:
PART I: CALIFORNIA WRONGFUL DEATH LAWYER: WHAT IS WRONGFUL DEATH? WHO MAY RECOVER FOR THE WRONGFUL DEATH?
PART III: CALIFORNIA WRONGFUL DEATH LAWYER: DEATH OF AN ADULT
PART IV: CALIFORNIA WRONGFUL DEATH LAWYER: DEATH OF AN ADULT
