Imagine going about your day and suddenly receiving the dreadful news that a loved one has passed away because of somebody else’s negligence. The emotional impact of such a loss is undeniably overwhelming. As such, consider seeking justice through a wrongful death claim.
Navigating such legal processes might be daunting, but understanding the basics is the first step to obtaining compensation for your sudden loss. Fortunately for you, we’re here to help you out. We’ll guide you through the types of wrongful death claims and how to file them to help you be better prepared for the road ahead.
What Constitutes a Wrongful Death Claim?
A wrongful death claim is a legal action filed by the survivors of someone who has passed away because of the actions of another person or organization. Codified on the California Code of Civil Procedure (CCP) § 377.60, wrongful death claims seek to compensate the decedent’s loved ones for their financial and emotional losses resulting from the event.
You may file a wrongful death claim within two years and if your situation meets the following criteria:
- The cause of action must be wrongful death. Not all deaths are considered “wrongful death.” To be valid, it must result from “the wrongful act or neglect of another,” including loss of life due to medical malpractice, defective products, or criminal activities.
- You have to be authorized to bring a wrongful death claim. Only the following relatives are eligible to file a wrongful death claim:
- Spouse or domestic partner
- Children
- Parents or legal guardians
- Putative relatives
- Minors dependent on the deceased
Furthermore, what does the legal landscape regarding wrongful death claims in California look like? Check out these facts and figures to learn about it:
1,150 people died in California in 2023 due to DUI (Transportation Injury Mapping System)
Despite laws aiming to mitigate car accidents due to driving under the influence (DUI), offenses remain high in California. Roughly 1,150 people passed away due to DUI cases in 2023 alone—853 due to alcohol and 297 due to drugs.
The cap for wrongful death claims due to medical malpractice is $500,000 (American Medical Association)
California’s Medical Injury Compensation Reform Act (MICRA) increases the cap for wrongful death claims resulting from medical malpractice from $250,000 to $500,000. Those that don’t cause fatalities have a limit of $350,000.
3 Types of Wrongful Death Claims and Damages Available
Was a loved one a victim of wrongful death? You may be entitled to seek compensation for the following losses.
1. Hospital and medical bills
You can recover the cost of medical treatments the deceased received before they passed, including hospital stays, surgeries, and medication. Take Ruiz v. Podolsky, for example. The plaintiffs filed a complaint against a surgeon for wrongful death and medical malpractice after the defendant failed to treat the victim adequately, resulting in his passing away due to complications.
2. Loss of earnings
You may also seek compensation for loss of wages, bonuses, and other financial benefits the deceased would’ve provided if they were alive. In a Broward County, Florida case, a jury awarded over $24 million to Michael DeMella after his pregnant wife, Alanna, died from an accident involving a drunk driver. This compensation covers Alanna’s loss of support for their family due to her untimely demise.
3. Funeral expenses
Funeral and burial or cremation can be expensive, which is why it’s a common factor in compensation for wrongful death. You don’t have to worry about the financial burden of your deceased loved one’s resting place. In the case of Chidester v. Cagwin, the plaintiffs, as administrators of several estates, sought to recover funeral and burial expenses after their wrongful death claims had already resulted in judgments.
How to Prepare for a Wrongful Death Claim
Before finally filing your claim, consider these pointers to increase your chances of achieving a favorable outcome.
1. Hire a wrongful death lawyer
Your first step to filing a wrongful death claim is to have an experienced attorney by your side. They’ll provide valuable guidance during these trying times by helping you understand your rights and deal with legal processes, negotiations, settlements, and litigation.
2. Determine eligibility to file a claim
Confirm that you’re eligible to file a wrongful death claim before proceeding. After all, you don’t want to waste time and money filing for a case courts will only dismiss later. There are two qualifications for eligibility: the loss of life must stem from another party’s negligence, and you must be the decedent’s immediate family member.
3. Identify the responsible parties
Who is responsible for your loved one’s demise? Defendants consist of all individuals or organizations whose negligence or intentional actions caused the decedent’s death. Your lawyer will help investigate their circumstances and determine who to hold accountable.
Get Through These Trying Times with RMD Law
The death of a loved one is an immensely devastating time for anyone. However, while no amount of money can truly heal the pain of such a loss, seeking compensation through a wrongful death claim may give you a sense of closure. So, try to build up the strength to navigate this process to ensure you—and your deceased loved one—receive the justice you deserve.
Are you considering filing a claim? Get an attorney to guide you through the process by contacting us at RMD Law. Our team of experienced wrongful death and personal injury lawyers is ready for the tireless representation you deserve anytime.
Contact us today for a free case evaluation.
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