California’s Wrongful Death Statute, which is set forth in the California Code of Civil Procedures CCP § 377.60, allows certain heirs to bring a lawsuit seeking damages for wrongful acts that caused the death of their family member. Eligible parties include a deceased person’s surviving spouse, domestic partner, or children. The claim exists for wrongful acts that were either:

• Negligent,
• Reckless, or
• Intentional.

Some “wrongful acts” that may cause death include:

• Car accidents
• Slip and fall 
• Assault and battery
• Murder or manslaughter
• Elder abuse or neglect
• Child abuse or neglect
• Medical malpractice

Damages Available In Wrongful Death Cases

There are four types of damages to which you may be entitled if you prevail in your wrongful death lawsuit. These include:

Burial Expenses – Many burials cost $10,000 or more, and these expenses may be compensable. These include the cost of a casket, a burial plot, cremation, and other related funeral and burial expenses.

Lost Income and Financial Support – The lost income and financial support your loved one would have contributed can be calculated and provided to you as damages. It is up to the California jury to determine your and your loved one’s life expectancies based on mortality tables, lifestyles, occupation, and other relevant factors. 

Pain and Suffering – A temporary California state law allows loved ones to recover damages related to pain and suffering from a wrongful death. These damages are paid to the victim’s estate and are then disbursed to the victim’s heirs. This new, temporary law only covers claims brought between the beginning of 2022 and the end of 2025. The California legislature may expand this category of damages or make it permanent in the next few years.

Loss of Consortium – These damages cover the loss of household services provided by your loved one, as well as damages to compensate you for the loss of love, companionship, support, and other intangible things provided in a relationship. 

A San Luis Obispo wrongful death attorney can help you understand in more detail how these damages are calculated. 

Statute of Limitations

As with most personal injury cases, in California, you have two years to bring a wrongful death action. Note that there are some exceptions to this two-year period of time:

• California’s discovery rule provides that the statute of limitations in a wrongful death suit does not start until the victim’s surviving family members discover that the victim died. 
• California provides for a three-year statute of limitations in medical malpractice cases.
• State law also provides for a six-month statute of limitations period when a case is filed against a public or government entity. 

Additionally, different rules apply to minors. Specifically, if a minor is suing for the death of a parent, then the minor must file an action within two years from the day he or she turns 18 years of age.

Contact the Law Offices of Earl E. Conaway, lll

The legal system is complicated, and if insurance companies get involved in your wrongful death action, things often take a wrong turn. Here at the Law Offices of Earl E. Conaway, lll, we have many years of experience helping our clients obtain the maximum compensation for their wrongful death lawsuits. Contact us today for a free, confidential consultation to see how we can help you.