Wrongful Death

What Compensation Is Recoverable in a Wrongful Death Claim?

By pursuing a wrongful death claim in California, you can demand the party at fault for your loved one’s death compensate you for the following:

• Funeral and Burial Costs: The costs of laying the deceased to rest, such as the costs of funeral services, burial, or cremation.
• Lost Financial Support: The loss of earnings that the deceased would have likely provided over a lifetime, including their salary and other forms of income like bonuses and benefits.
• Loss of Gifts and Benefits: The items that the deceased would have given to the survivors.
• Lost Household Services: The value of the non-market work the deceased performed for the maintenance of the household.

In addition to these economic losses, you can also seek compensation for the loss of the deceased’s companionship, love, protection, society, affection, and marital relations.

Who Can File a Wrongful Death Lawsuit in Souther California?

In California, the right to file a wrongful death lawsuit is not available to everyone. Under state law, only the following individuals may file a wrongful death claim:

Those with Primary Rights

• The Decedent’s Immediate Family – This includes the decedent’s surviving spouse or domestic partner. Domestic partners include those who were in registered domestic partnerships with the deceased at the time of death.
• Children – The decedent’s children and the children of any of the decedent’s deceased children.
• Intestate Successors – If the decedent left no direct descendants, then those who would be entitled to the decedent’s property under intestate succession laws can file.
• Legal Guardians – If both parents of the decedent would be entitled to bring an action but are also deceased, then the decedent’s legal guardians may file the lawsuit.

Dependents and Others with Special Consideration

• Putative Spouse – This refers to someone who believed in good faith that they were married to the decedent, even if the marriage turned out to be void or voidable.
• Children of the Putative Spouse, Stepchildren, and Parents – These individuals can file if they were dependent on the decedent.
• Minors with Specific Residency and Dependency – Minors who lived in the decedent’s household for at least 180 days prior to the decedent’s death and were dependent on the decedent for half or more of their support.

How Are Wrongful Death Settlements Paid Out?

In wrongful death cases, settlements or trial awards are usually paid in one of two ways: lump-sum payments or structured settlements.

A lump-sum payment offers immediate access to funds, which can be essential for covering urgent costs like funeral expenses. However, liable parties without access to considerable liquid funds might be less willing to offer a lump sum payment.

Structured settlements, on the other hand, involve more consistent payments over an extended period. This long-term financial stability can make budgeting easier. However, the drawback here is the lack of flexibility and freedom of choice. A knowledgeable lawyer can help you determine the best way to arrange your payout in light of all these considerations.

As to how settlements and awards are distributed to beneficiaries, they typically adhere to either the stipulations in the deceased’s will or state laws. Moreover, the court might have a say in the distribution, especially in contentious cases where the deceased’s wishes are unclear. Therefore, it’s advisable to consult a legal professional to ensure the award distribution in your wrongful death case adheres to legal requirements and all beneficiaries’ needs.