A wrongful death lawsuit is a civil action brought when someone’s death is caused by the negligence, recklessness or other misconduct of another person. Wrongful death suits can arise from car accidents, medical malpractice, workplace accidents, defective products and intentional acts. The remedy allows the surviving family members to seek compensation for their losses due to the death. 

Only certain parties can file a wrongful death lawsuit. Under California Code of Civil Procedure Section 377.60, the following individuals have standing to bring a claim:

1. Immediate family members — The deceased’s spouse, domestic partner, and children are typically the primary claimants.

2. Other heirs — If there is no surviving spouse, domestic partner, or children, other family members who would be entitled to the deceased’s estate under California’s intestate succession laws, such as parents or siblings, may file a claim.

3. Financial dependents — Individuals who were financially dependent on the deceased, such as stepchildren, putative spouses, or their children, may also have standing in some cases.

Only one lawsuit can be brought for a wrongful death, so all eligible parties wishing to pursue a claim must join as plaintiffs.

A wrongful death lawsuit can compensate survivors for both economic and non-economic losses. Economic damages include the financial support the decedent would have provided, loss of household services, funeral and burial expenses, and the value of benefits or gifts the survivors could have expected. Non-economic damages address the emotional and relational impact of the loss, such as the loss of love, companionship, comfort, care, and guidance.

Damages in a wrongful death lawsuit are distributed based on the relationship of the claimants to the deceased and in proportion to their respective losses. For example, a surviving spouse might receive a larger share than a more distant relative if the spouse was primarily financially dependent on the deceased. If there is a dispute among beneficiaries about how to divide the compensation, the court may intervene to determine an appropriate distribution.

Punitive damages, which are intended to punish the defendant, are generally not available in wrongful death cases in California. However, if the wrongful death is connected to a survival action — that is, a related claim brought on behalf of the decedent’s estate — punitive damages may be recoverable for injuries the deceased suffered before their death.

Wrongful death lawsuits are often complex and require a thorough understanding of California law and procedural rules. An experienced wrongful death attorney can help eligible parties receive fair compensation for their devastating losses.

At Favaro, Lavezzo, Gill, Caretti & Heppell, PC, we are sympathetic to the pain occasioned by the tragic loss of a loved one. We are ready to provide the legal support you need at this difficult time. Based in Vallejo, California, we represent clients throughout Solano, Contra Costa and Napa counties. Call us at 707-674-6057 or contact us online to schedule a free consultation.