WHAT IS WRONGFUL DEATH?
Wrongful death occurs when a person's life is cut short due to the negligence or recklessness of another individual or entity. It is a civil action distinct from criminal prosecution, focusing on compensating the deceased's family rather than punishing the wrongdoer. Common scenarios include car accidents, medical malpractice, workplace incidents, and defective products.
WHO CAN FILE A WRONGFUL DEATH CLAIM?
In California, the right to file a wrongful death claim is typically reserved for close family members. These include the surviving spouse or domestic partner, children, and, if none exist, other relatives such as parents or siblings. If the deceased had no immediate family, the claim might be filed by those who would inherit the deceased's estate under California's intestate succession laws.
COMMON CAUSES OF WRONGFUL DEATH IN LOS ANGELES
Wrongful deaths in Los Angeles often arise from various causes, including:
WHAT CAN BE RECOVERED AFTER WRONGFUL DEATH?
Survivors may recover several types of damages, including:
Economic damages
Economic damages in wrongful death cases are designed to compensate the surviving family members for the financial losses they incur as a direct result of their loved one's death. These damages aim to cover quantifiable monetary losses that the deceased would have provided if they had lived. The primary categories of economic damages include:
Medical Expenses
Medical expenses encompass all the costs associated with the medical care the deceased received due to the incident that ultimately led to their death. These expenses can include:
-
Emergency Room Visits: Costs incurred from initial emergency treatments immediately following the accident or injury.
-
Hospital Stays: Charges for inpatient care, including room fees, nursing care, medications, and any surgical procedures performed.
-
Surgeries and Procedures: Costs for any operations or medical procedures necessary to try to save the deceased's life.
-
Medications: The cost of prescription drugs and other medications administered to treat the deceased's injuries.
-
Medical Equipment and Supplies: Expenses for medical equipment and supplies used during the deceased's treatment, such as ventilators, monitoring devices, and other necessary tools.
Funeral and Burial Costs
Funeral and burial costs cover the expenses related to laying the deceased to rest. These costs can be significant and may include:
-
Funeral Service: Fees for organizing and conducting a funeral or memorial service, including venue rental, officiant fees, and other related expenses.
-
Burial or Cremation: Costs associated with burial plots, caskets, headstones, or cremation services.
-
Transportation: Expenses for transporting the deceased's body, which may include transferring the body to the funeral home and then to the burial site or crematorium.
-
Other Related Costs: Additional expenses such as flowers, obituary notices, and funeral programs.
Lost Income
Lost income refers to the earnings the deceased would have provided to their family had they lived. This includes:
-
Funeral Service: Wages, salaries, or other forms of income the deceased lost from the time of the injury until their death.
-
Future Income: Projected earnings the deceased would have likely earned had they lived, calculated based on their age, occupation, skills, and life expectancy.
Loss of Financial Support
Loss of financial support covers the ongoing financial contributions the deceased would have made to their dependents, including:
-
Dependents' Support: Regular monetary support that the deceased provided to their spouse, children, or other dependents for necessities such as housing, food, education, and healthcare.
-
Benefits and Pensions: Loss of benefits and pensions the deceased's dependents would have received, such as health insurance, retirement benefits, and other employment-related perks.
-
Household Services: The value of household services the deceased provided, such as childcare, home maintenance, and other unpaid services that now require hiring outside help.
Calculating Economic Damages
Calculating economic damages in wrongful death cases involves a thorough analysis of the deceased's financial contributions and the family's needs. This often requires:/p>
-
Expert Testimony: Economists or financial experts may be consulted to provide estimates on future earnings, inflation rates, and the value of lost benefits.
-
Documentation: Providing pay stubs, tax returns, employment records, and other financial documents to support claims for lost income and financial support.
-
Personal Testimony: Family members may provide statements regarding the deceased's role in the household and the impact of their loss on the family's financial stability.
Non-economic damages
Non-economic damages in wrongful death cases compensate the surviving family members for the intangible, non-monetary losses they suffer due to the death of their loved one. These damages address the emotional and psychological impacts that are not easily quantifiable.
In 2021 only California became the 46th state that now allows successors-in-interest to recover for a decedent’s pain, suffering, or disfigurement before their death. Pain and suffering refer to the physical and emotional anguish the deceased experienced from the time of injury until their death. Although challenging to measure, these damages are critical in recognizing the deceased's final moments of discomfort and agony.
Loss of companionship, also known as loss of consortium, compensates the surviving spouse or partner for the loss of the deceased's companionship, affection, and emotional support. This category acknowledges the profound void left by the deceased, who provided love, care, and companionship.
Emotional distress covers the psychological impact and mental anguish experienced by the surviving family members due to their loved one's death. This includes grief and sorrow, depression and anxiety, loss of parental guidance, and psychological trauma.
Calculating non-economic damages is complex and subjective, often relying on personal testimony, expert assessments, and jury discretion.
Punitive damages
In cases of egregious wrongdoing, courts may award punitive damages to punish the responsible party and deter similar behavior.
WHAT’S THE STATUTE OF LIMITATIONS FOR WRONGFUL DEATH?
In California, the statute of limitations for filing a wrongful death claim is generally two years from the date of the deceased person's death. However, exceptions may apply, such as cases involving government entities, which may have a shorter filing period.
CAN A FAMILY MEMBER SUE FOR WRONGFUL DEATH?
Yes, family members can sue for wrongful death. In California, this includes the deceased's spouse, domestic partner, children, and other relatives as defined by state laws. The lawsuit aims to compensate the family for their financial and emotional losses due to their loved one's untimely death.
HOW LONG DOES IT TAKE TO SETTLE WRONGFUL DEATH CASES?
The time required to settle wrongful death cases varies widely. Some cases may settle within a few months, especially if liability is clear and undisputed. However, more complex cases, especially those involving disputed liability or substantial damages, can take several years to resolve, particularly if they go to trial.
FACTORS THAT DETERMINE THE AMOUNT OF WRONGFUL DEATH COMPENSATION
Several factors influence the amount of compensation in wrongful death cases:
- The age and health of the deceased
- The deceased's earning potential and financial contributions to the family
- The circumstances and severity of the incident leading to death
- The degree of negligence or intent demonstrated by the responsible party
- The impact on surviving family members, including emotional and financial losses
- The availability of insurance coverage or assets from the defendant
These sections provide a comprehensive overview of wrongful death claims and are designed to be easily understandable for anyone seeking information on the topic.
MEET ISABEL SHIGANIAN
Your Personal Injury Lawyer
I am Isabel Shiganian, a dedicated personal injury attorney and the proud founder of Shiganian Law. A name that I hope you will come to associate with care, trust, and your best interests, which will be my lighthouse throughout our journey together.
My legal career spans over a decade, with more than 3 years in the United States and over 7 years in Europe, where I have been recognized for my strategic prowess and unwavering client-focused approach in handling personal injury and domestic violence cases, in recognizing and fighting for human rights. My practice is built on a commitment to securing justice for those wronged, and I have had the privilege of helping my clients recover millions.
Before establishing Shiganian Law, I sharpened my skills as an associate attorney in several prestigious law firms across Los Angeles, specializing in a broad spectrum of cases, from premises liability to medical malpractice.
I firmly believe that everyone deserves personalized, attentive and what is more important, passionate, representation. My diverse experience across various legal sectors, coupled with my commitment to my clients' well-being, distinguishes me in the field of personal injury law. Known for my strategic thinking, compassionate approach, and relentless pursuit of justice, my ability to connect with and successfully represent my clients is further enhanced by my fluency in multiple languages and international insights.
My international experience is a cornerstone of my practice, offering me a unique perspective on the law and enhancing my ability to effectively advocate for my clients. My involvement in human rights work, including overseeing parliamentary elections and advocating for the rights of individuals with disabilities, has reinforced my commitment to fairness and equity.
Currently serving Sherman Oaks and Encino, I continue to lead Shiganian Law Corp with a blend of international savvy and local expertise. My commitment to legal excellence and passion for justice not only make me a formidable advocate for my clients but also a respected member of the legal community. And I hope, this all will take me where YOU can put YOUR trust in me and proudly walk hand in hand until we get what YOU deserve.
