In California, wrongful death actions are lawsuits that can provide financial relief to the family members and dependents of a person who has died due to the wrongful act or negligence of another. In addition, the estate of a fatal accident victim can bring a separate lawsuit, known as a survival action, to recover damages the victim would have been entitled to had they survived. 

Understanding who can bring a wrongful death lawsuit, who can recover damages, and the types of damages recoverable is crucial for those affected by such a tragic event.

Under California Code of Civil Procedure Section 377.60, the individuals eligible to file a wrongful death lawsuit include the decedent's surviving spouse, domestic partner, children, and issue of deceased children. If there are no surviving descendants, anyone who would be entitled to the property of the decedent by intestate succession (such as parents or siblings) can bring the lawsuit. Additionally, if they can prove they were financially dependent on the deceased, the following persons can also sue: the decedent’s stepchildren, parents, legal guardians (if the parents are deceased), and a putative spouse (someone who believed in good faith that they were married to the victim).

The distribution of damages awarded is subject to the court's discretion, considering the financial or emotional loss each claimant has suffered due to the death.

Damages in a wrongful death lawsuit in California are generally compensatory, meant to compensate for the financial and emotional losses resulting from the decedent's death. These can include:

• Loss of financial support that the deceased would have contributed during either the life expectancy that was remaining before the wrongful act or the life expectancy of the claimant, whichever is shorter

• Loss of gifts or benefits that the claimant would have expected to receive from the deceased

• Funeral and burial expenses

• The reasonable value of household services that the deceased would have provided

• Loss of companionship, affection, moral support, and, in the case of a spouse, consortium

Apart from wrongful death claims, state law recognizes a separate lawsuit known as a "survival action" under California Code of Civil Procedure Section 377.30. This type of lawsuit allows the decedent’s estate to recover damages that the decedent could have claimed if they had survived the incident that ultimately led to their death. This includes compensation for the pain and suffering the decedent endured from the time of injury until their death. However, it's important to note that pain and suffering damages are not recoverable if the decedent died instantly.

The damages recoverable in a survival action can include:

• Medical expenses incurred as a result of the final injury or illness

• Lost wages the decedent could have earned from the time of injury to the time of death

• Punitive damages if the wrongful act was particularly egregious

Bot wrongful death lawsuits and survival actions in California provide crucial financial and compensatory mechanisms for the families and estates of individuals who have died due to the wrongful acts of others. An experienced wrongful death attorney can help eligible parties receive fair compensation for their devastating losses.

At Favaro, Lavezzo, Gill, Caretti & Heppell, PC in Vallejo, we represent families of victims of fatal accidents clients throughout Solano, Contra Costa and Napa counties. Call us at 707-674-6057 or contact us online to arrange a free initial consultation.