Wrongful Death

Recently lost a loved one in an accident? Then read on to find out everything you need to know about wrongful death claims and how a wrongful death lawyer can help.

Every year in the United States more than 170,000 people died due to accidental injuries. These may be the result of an accident at work, at home, or on the road. 

These tragedies often leave behind loved ones and dependents. This can be an emotional and financially strenuous time for everyone involved. But if you’ve lost someone you loved, a wrongful death claim could help you get compensation.

What Is a Wrongful Death Claim?

A wrongful death occurs when someone dies as a result of negligent behavior by another person. This generally means that they would not have died were it not for this specific action or behavior.

For example, if someone dies as a result of another’s reckless driving, this could result in a wrongful death case. Therefore, a personal injury lawyer would be able to help you if your loved one was killed in an accident on the road.

You can make a wrongful death claim against the driver or institution (ex. rideshare companies, commercial trucks) responsible for your loved one’s death. If your claim is successful, then the negligent party will have to compensate you for damages.

Who Can Seek Damages in a Wrongful Death Suit? 

According to the California Code of Civil Procedure, various people can make a wrongful death claim. This includes: 

• The partner, spouse, or a putative spouse of the deceased
• Surviving children and stepchildren
• Surviving grandchildren
• Surviving children of the putative spouse
• Parents of the deceased
• Legal guardians of the deceased (if their parents are no longer alive) 
• Legal heirs of the deceased 

Most courts only allow one wrongful death lawsuit, so you may need to speak with other family members about who should file the claim. Any damages could be split among the family members, although this may be at the discretion of the member who filed the claim.

Types of Damages and Compensation in a Wrongful Death Case

Losing a loved one can impact your life in a number of ways. Because of this, you can claim a few different types of damages to cover the ways in which their death has affected you. Let’s take a look at the different damages you can claim in a wrongful death case.

Claiming Economic Damages

In a wrongful death claim, you should always look into getting economic damages after the loss of a loved one. These are typically the easiest to claim for as they are the most tangible.

Economic damages cover any financial loss that you have suffered as the result of your loved one’s death. This can include: 

• Medical costs incurred by their injuries and treatments prior to death
• Their funeral and burial expenses 
• Loss of their financial income to support dependents (typically partners and children) 
• Loss of financial assistance that the deceased may have offered other family members

If you are making one single claim then you can consolidate all of these factors into it. So if your partner was assisting in paying for a house mortgage, you can include this with other financial losses.

Claiming Non-Economic Damages

Non-economic damages are less tangible but are still extremely important. These cover the things that you can’t put a price on, such as: 

• The loss of a partner or spouse (also known as loss of consortium) 
• The loss of guidance and support from your loved one
• Psychological suffering caused by the death of a loved one, including anxiety, depression, and insomnia
• The loss of love and care from your loved one

A lawyer will be able to talk you through ways to demonstrate these losses in your claim. Often this involves providing evidence of the type of relationship you had prior to your loved one’s death.

This might include photos, videos, and testimony from friends and other family members. Therapists and counselors can also provide testimony about the emotional impact that your grief has had.

Claiming Punitive Damages

You will not always be able to claim punitive damages in a wrongful death claim. These only apply if your loved one’s death resulted from extreme negligence, reckless behavior, or deliberate malice.

For example, a driver who purposefully runs over a victim could be sued for punitive damages. Victims of drink or dangerous driving accidents may also be able to sue for punitive damages.

In California, however, you are not able to claim punitive damages when making a wrongful death claim. That said, you can initiate a survival action under the California Civil Codes 377.30. This makes it possible to seek punitive damages alongside your claim.

If you want to seek punitive damages, it is a good idea to have a specialist lawyer on your side. So if your loved one was hit by a taxi, for example, you may want to speak to an Uber or Lyft accident lawyer.

Get Help From a Wrongful Death Lawyer Today

If you have recently lost a loved one in an accident, you may qualify for compensation by filing a wrongful death claim. In that case, you should speak to an experienced wrongful death attorney as soon as possible about your claim. 

Contact us today for a 100% free case evaluation. The Law Offices of Daniel Kim is here to provide knowledge, and most importantly, support for your loss.