Los Angeles Injury Lawyer Blog

The following is part two in a four-part series on wrongful death. If you believe that a loved one was killed in an accident and you need a California wrongful death lawyer, please call us at 1-800-ALAWPRO.

WHEN IS A LAWSUIT FOR WRONGFUL DEATH APPROPRIATE?

No one is entitled to recover for the wrongful death of a loved one unless a third person or company was legally liable or responsible for the death. There are various legal theories which, if proven, give rise to legal liability for wrongful death such as negligence, strict products liability, and medical malpractice.

If the injury resulting in death was inflicted intentionally, the person responsible for causing the injury would be liable under the intentional tort theory of liability known as “battery”.

WHAT CAN BE RECOVERED FOR THE WRONGFUL DEATH?

When an individual is injured, they can make a claim for economic damages, general damages and, occasionally, for punitive damages. General damages for a Plaintiff usually consists of compensation for pain, suffering and loss of enjoyment or quality of life. These general damages are not available in a wrongful death claim.

The nature of the damages that can be awarded in a wrongful death case are found in the Judicial Council of California Civil Jury Instructions (CACI). There are two sections, one for the Death of an Adult [CACI 3921], and one for the Parents’ Recovery for Death of Minor Child [CACI 3922].

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 II: CALIFORNIA WRONGFUL DEATH LAWYER: WHEN IS A LAWSUIT FOR WRONGFUL DEATH APPROPRIATE? WHAT CAN BE RECOVERED FOR THE WRONGFUL DEATH?

PART III: CALIFORNIA WRONGFUL DEATH LAWYER: DEATH OF AN ADULT

PART IV: CALIFORNIA WRONGFUL DEATH LAWYER: DEATH OF AN ADULT