Losing a loved one due to someone else’s negligence or wrongful act is a devastating experience. Beyond the emotional toll, surviving family members often face unexpected financial burdens, such as medical expenses, funeral costs, and lost income. In California, certain individuals have the legal right to file a wrongful death lawsuit to seek compensation for these losses. Understanding who can file a wrongful death lawsuit and the legal process involved can help families navigate this challenging time.
What is a Wrongful Death Lawsuit?
A wrongful death lawsuit is a legal action brought by the survivors of a deceased person against the party responsible for the death. These claims arise from various circumstances, such as car accidents, medical malpractice, defective products, workplace accidents, or criminal acts. The primary goal of a wrongful death lawsuit is to hold the responsible party accountable and provide financial compensation to the survivors for their losses.
Who Can File a Wrongful Death Lawsuit in Orange County?
California law specifies who is eligible to file a wrongful death lawsuit. In Orange County, the following individuals are typically entitled to bring a wrongful death claim:
Surviving Spouse or Domestic Partner
The deceased person’s surviving spouse or registered domestic partner is among the primary individuals who can file a wrongful death lawsuit. They are generally considered the closest family members and have a clear legal standing to seek compensation for their loss.
Surviving Children
If the deceased person has children, they also have the right to file a wrongful death lawsuit. This includes biological children, adopted children, and, in some cases, stepchildren, provided they were financially dependent on the deceased.
Parents of the Deceased
If the deceased person was unmarried, did not have children, or was a minor, the parents of the deceased may be eligible to file a wrongful death claim. This is particularly applicable if the parents were financially dependent on the deceased or if the deceased was a minor.
Other Heirs or Dependents
If there is no surviving spouse, domestic partner, child, or parent, other individuals who can prove they were financially dependent on the deceased may have the right to file a wrongful death lawsuit. This can include siblings, stepchildren, or other relatives who were financially reliant on the deceased.
Putative Spouse and Their Children
A putative spouse, someone who genuinely believed they were legally married to the deceased even though the marriage was not legally valid, and their children, may also have the right to file a wrongful death claim if they can demonstrate financial dependence on the deceased.
What Damages Can Be Recovered in a Wrongful Death Lawsuit?
In a wrongful death lawsuit, eligible family members can seek compensation for a range of damages, including:
- Economic Damages: These cover financial losses such as funeral and burial expenses, medical bills related to the deceased’s final injury or illness, loss of the deceased’s expected income, and the value of household services the deceased would have provided.
- Non-Economic Damages: These damages address the intangible losses suffered by the surviving family members, such as loss of companionship, love, affection, moral support, guidance, and emotional distress resulting from the death.
- Punitive Damages: In some cases, if the wrongful death resulted from particularly egregious or reckless behavior, the court may award punitive damages to punish the responsible party and deter similar conduct in the future. However, punitive damages are not commonly awarded in wrongful death cases unless there is clear evidence of malicious intent or extreme negligence.
How to File a Wrongful Death Lawsuit in Orange County
Filing a wrongful death lawsuit involves several steps, and it is important to act promptly due to the legal time limits involved. Here are the general steps to follow:
Consult with a Wrongful Death Attorney
An experienced wrongful death attorney can help you understand your legal rights and guide you through the complexities of filing a claim. They will also help gather evidence, identify liable parties, and calculate the appropriate damages to seek.
Investigate the Circumstances of the Death
A thorough investigation is necessary to determine the cause of death and establish liability. This may involve obtaining police reports, medical records, eyewitness statements, and expert testimony.
File a Lawsuit Within the Statute of Limitations
In California, the statute of limitations for filing a wrongful death lawsuit is generally two years from the date of the deceased person’s death. Failing to file within this timeframe can result in losing the right to pursue compensation. However, specific circumstances can affect this deadline, so you should consult with an attorney promptly.
Negotiate or Litigate the Claim
Once a lawsuit is filed, there may be negotiations with the responsible party’s insurance company to reach a settlement. If a fair settlement cannot be reached, the case may proceed to trial, where a judge or jury will determine the outcome.
Request a Free Consultation
Filing a wrongful death lawsuit in Orange County is a complex process that requires a clear understanding of the law and the specific circumstances surrounding the death. Eligible family members, such as spouses, children, parents, or dependents, have the right to seek justice and compensation for their loss. If you have lost a loved one due to someone else’s negligence or wrongful act, the team at The Law Offices of Brent W. Caldwell is here to help. Contact us today for a free consultation to discuss your case and explore your legal options.
