When a victim is hurt by negligence or wrongdoing, the injured person can pursue a claim for compensation from those responsible for harming them. However, if a victim dies from their injuries, they obviously can’t seek payment for losses. This doesn’t mean those who cause fatal damage can avoid consequences, though. Surviving loved ones of the deceased victim can often make a wrongful death claim.
Typically, a lot of money is at stake in these types of Carlsbad personal injury cases, so it’s important to have a strong advocate on your side if you want to take action to hold those who caused the death accountable.
The Carlsbad wrongful death lawyer at Miller & Steele Law Firm can help those who have lost a loved one to make the strongest possible case to get the money they deserve for your devastating loss. Give us a call at (760) 439-2210 to schedule a free consultation and find out more about your rights if a loved one has been killed as a result of someone else’s negligence or wrongdoing.
What is a Wrongful Death Claim?
A wrongful death claim is brought against a person who caused fatal harm as a result of an accident or intentional incident. These types of Carlsbad accident claims are often made in the following situations when a death occurs as a result of:
- A deadly motor vehicle accident
- A fatal slip-and-fall
- A deadly dog attack
- A defective product
- And more
Wrongful death claims can arise out of both negligence and intentional wrongdoing, as California Civil Code Section 1714 makes clear that “everyone is responsible, not only for the result of their willful acts but also for an injury occasioned to another by their want of ordinary care or skill in the management of their property or person.”
The key to these Carlsbad wrongful death claims is that you must demonstrate that the defendant failed to fulfill their obligation to the victim and that the victim died as a direct result of this failure.
Who Is Eligible To Make a Wrongful Death Claim in Carlsbad?
The California Code of Civil Procedure establishes the rules for who can make a wrongful death claim in section 377.60. According to the relevant law, “a cause of action for the death of a person caused by the wrongful act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:”
- The surviving spouse or domestic partner of the deceased person (called the decedent) or someone who believed in good faith that they were the decedent’s spouse, even if the marriage wasn’t valid
- The decedent’s domestic partner, children, or their descendants
If there is no surviving spouse, children, or grandchildren, then the case can typically be brought by whoever would inherit the decedent’s property under California’s laws of intestate succession (the laws that apply when someone dies without a will).
In some cases, others who were dependent on the deceased person, such as stepchildren, children of the decedent’s spouse, can also bring a wrongful death claim — especially if they received more than half of their support from the deceased person and lived in the deceased person’s house for 180 days before the death.
A Carlsbad slip and fall attorney can help you determine who is qualified to make a claim after someone you care about has passed on after a fatal accident.
What Damages Can Be Recovered in a California Wrongful Death Case?
Families can seek compensation for various losses they experienced because of the premature death of a loved one, including the following:
- Burial and unreal expenses: Families can recover the reasonable costs of funeral services, cremation, interment, the burial plot, the headstone or grave marker, and the casket or urn.
- Lost income and financial support: When a family member dies, dependents may be able to seek compensation for the financial support that they would have received. The family can also seek compensation for the gifts or inheritance they would have expected to receive. This support is limited to the decedent’s or recipient’s life expectancy, whichever is shorter. Determining the value of these losses often relies on analyzing evidence of the parties’ health, lifestyle, occupation, and other relevant factors.
- Loss of household services: The family can seek compensation for the loss of the household services their loved one would have provided had they lived.
- Loss of consortium and companionship: A decedent’s loved ones may be entitled to compensation for their loss of companionship and consortium. These damages are broad and include various losses, including the loss of:
- Love
- Affection
- Comfort
- Care
- Protection
- Training and guidance
- Companionship
- Assistance
- Society
- Moral support
- Sexual relations
Wrongful Death Cases vs. Survival Actions
In California, grieving families may be able to benefit from two different types of civil cases: wrongful death cases and survival actions. As described above, wrongful death cases seek compensation from the defendant for causing a wrongful death due to their neglect or other wrongdoing. Survival actions are similar in that they seek compensation from the defendant who caused another’s death. However, they have specific differences, including the following:
- Who can file: The decedent’s loved ones file wrongful death claims. However, only the victim’s estate has the legal right to file a survival action.
- Who is compensated: While the ultimate recipients may be the same in these two different types of legal actions, the process to get there is different. In a wrongful death action, the victim’s loved ones directly receive the verdict or settlement. In a survival action, the decedent’s estate is paid the awarded compensation. After estate expenses, the administration of the estate, and outstanding claims are paid, any remaining funds go to the decedent’s heirs.
- Damages awarded: The main difference between wrongful death cases and survival actions is the types of damages that are awarded. Wrongful death claims compensate for the various losses that the loved ones suffered and will likely suffer in the future. Survival action damages are limited to the damages that the victim suffered from the time between the injury and the date of death, such as medical expenses, lost wages, and conscious pain and suffering during this time.
An experienced attorney can evaluate your situation and explain whether your family should consider filing a wrongful death claim, survival action, or both.
Statute of Limitations for Wrongful Death Claims in Carlsbad, CA
When making a Carlsbad wrongful death claim, California Code of Civil Procedure section 335.1 says you must take action within two years of the death or your claim will be time-barred, and you’ll be unable to pursue it.
Let The Carlsbad Wrongful Death Attorney At Miller & Steele Law Firm Help You
The Carlsbad wrongful death lawyers at Miller & Steele Law Firm can help if your loved one was killed and you want to pursue a wrongful death claim. Give us a call or contact us at (760) 439-2210 to learn more about the advocacy and legal support we can offer in these difficult cases.