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Wrongful Death OVERVIEW Whether in a fatal car accident, related traffic fatality, or other catastrophic accident, the loss of a loved one is a tragic event. No amount of money can ever replace a parent, spouse or child lost in a fatal accident. However, when someone dies through the fault of another, his or her estate and the surviving family members may be compensated for their financial losses in a wrongful death lawsuit. Available damages in a wrongful death lawsuit include: medical expenses, pain and suffering, loss of future earnings, and loss of support, love, affection and guidance. Because the deceased family member is not available to bring a case against the person responsible for the loss, their estate is often authorized by wrongful death law to do so on his or her behalf. An executor or administrator, who may be a spouse, child, parent, or other relative, represents the estate. A "wrongful death" occurs when a person is killed due to the negligence or misconduct of another individual, company or entity. Every state has a civil "wrongful death statute," or set of statutes, which establish the procedures for bringing wrongful death actions. An action for wrongful death belongs to certain persons identified by statute. In most states, such persons will include the decedent's immediate family members, such as surviving spouses and children, and sometimes parents or siblings. An attorney experienced in wrongful death law can explain all of the intricacies of these lawsuits and help achieve the best possible outcome for survivors. WRONGFUL DEATHS INVOLVING CHILDREN AND THE ELDERLY Setting a price on human life is not an easy task, but it is one that courts and juries are required to do in wrongful death actions. Because the primary measure of damages in a wrongful death action is pecuniary (financial) loss, the death of a child brings up difficulties in arriving at an adequate damage award. When an adult dies, the pecuniary loss to the family is readily quantifiable. For example, when a parent dies, a child may seek damages for loss of the parent's care, income, nurturing, and guidance. When a child dies, the parents' recovery is limited to their pecuniary loss, which is usually quite small. STATUTES OF LIMITATIONS AND THE DISCOVERY RULE All civil actions, including wrongful death actions, have time limits as to when they must be filed. These time limits, or "limitations periods," are contained in laws called "statutes of limitations." If you do not file your action before the expiration of the applicable limitations period, in most cases, you permanently waive your rights to recover damages in a cause of action. SETTLEMENTS AND DAMAGES IN WRONGFUL DEATH CASES Wrongful death actions can be very complicated, as the wrongful acts of several parties may have contributed to an individual's death. Pre-trial, out-of-court settlements are common in wrongful death cases, because most defendants want to avoid the publicity of having caused a death. When such out-of-court settlements occur, a reduction of the wrongful death damages award issued by a judge or jury will also occur. Thus, if a plaintiff settles a claim against one defendant, the plaintiff's recovery from any other defendant is thereby reduced. Additionally, the plaintiff's release of one defendant frees that defendant from liability to contribute to any other defendant, and waives his/her claim for any contribution from co-defendants. In other words, the released defendant is out of the action, and the remaining defendant(s) will pay no more than their comparative share of the culpable conduct as found by the jury. DaCorsi & Placencio, P.C. Serving California Areas Including:
California Wrongful Death Attorneys and Resources DaCorsi & Placencio, PC
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