Wrongful Death Actions in California

Helping you recover for the loss of a loved one

If the death of a family member is caused by the careless or intentional acts of another person or corporation, California law entitles the personal representative of the deceased victim’s Estate or certain surviving family members to file a wrongful death1 lawsuit against any negligent actors. For this reason, following a death caused by an accident or violence, Trustees, Executors, or family members associated with the decedent or the decedent’s Estate should look into the possibility of recovering on behalf of the Estate through a wrongful death action. The experienced Trusts and Estates lawyers at Albertson & Davidson, LLP can advise you of your legal options in such a scenario.

Recovery in a wrongful death claim

Damages in a wrongful death case are measured by the harm caused to surviving loved ones by the loss of their loved one. This does not include any damages related to harm caused directly to the deceased victim, as those are recoverable in a survival action under the California survival statute2. The damages that survivors may recover under the law in a wrongful death claim include compensation for the following:

  • Loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support
  • Financial support that the decedent contributed to the family during life
  • Funeral and burial expenses
  • Lost wages that would have earned had the victim remained alive and working
  • Loss of a romantic partner for the decedent’s spouse

Contact an experienced California wrongful death attorney for help today

If a person has needlessly died due to the careless acts of another person or corporation, the personal representative of the decedent’s Estate should always look into any possible legal claims that may be filed on behalf of the Estate, such as wrongful death lawsuits or survival actions. Such legal claims are important in preserving the rightful value of the estate so that beneficiaries receive their fair share of property. These actions also often serve to give a sense of closure to surviving family members who have unexpectedly suffered a tragic and needless loss.

If you are a Trustee, Executor, or family member of someone who needlessly died by the careless acts of a person or corporation, please contact one of the experienced lawyers at the California offices of Albertson & Davidson, LLP as soon as possible for assistance. The attorneys at Albertson & Davidson, LLP recovered $5.7 million from a California jury in 2013 in a wrongful death case.

Sources:

1http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=377.60-377.62
2
http://www.leginfo.ca.gov/cgi-bin/displaycode?section=ccp&group=00001-01000&file=377.30-377.35