Wrongful Death is a legal term that, although used frequently in litigation and even news reports, is not always understood. Wrongful Death is a part of personal injury law. It can encompass a variety of claims, including medical malpractice, assault and battery, or serious car accidents. If you hear the phrase “wrongful death,” it’s most likely referring to a civil suit brought by a family member or eligible survivor of a person who died (the decedent) due someone’s negligence or misconduct.
In a wrongful-death lawsuit, the goal is to recover damages in three different categories: economic, punitive, and non-economic. Even if criminal charges have been filed and lost, wrongful death lawsuits may still be pursued.
Some of the most famous wrongful death cases include:
Wrongful death lawsuits can lead to substantial settlements or verdicts when a defendant’s actions are found to be responsible for the death of an individual. Here are the Top 5 Wrongful Death Cases that have resulted in major settlements or verdicts:
The final amount of damages awarded in wrongful death lawsuits can vary considerably depending on the circumstances of each case. But certain family members may bring claims and be eligible to recover financial compensation when negligence results in someone’s death.
Under California law, the following family members or personal representatives are able bring a wrongful death lawsuit:
The specific types of damages each eligible recipient recovers can vary on a case-by-case basis.
In California, economic damages for wrongful death can include without limitation:
Non-economic damages for wrongful death can include without limitation:
Most California wrongful death lawsuits do not typically include punitive damages, as state law dictates that they only be awarded in cases of serious or malicious wrongdoing in an effort to punish the wrongdoer.
In rare cases, punitive damages can be claimed through what is known under state law as a “survival action.” A survival cause of action only applies in wrongful death cases where the decedent did not immediately die from his or her injuries. In such instances, even if the decedent lived only a short period of time between the accident and eventual death, a survival cause of action may be appropriate.
Ready to file a claim and pursue justice through a financial damages award? Our expert attorneys are available online or by phone now.
If your loved one died as a result of negligence or harm, you may be entitled to substantial financial compensation. Contact the experienced attorneys at Dordulian Law Group (DLG) by calling 866-GO-SEE-SAM for a free consultation and further information on filing your claim. Our Wrongful Death Division lawyers have a 98% winning record and have successfully recovered more than $200,000,000.00 in settlements and verdicts for clients.
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