Wrongful Death in California

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Wrongful Death in California
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What Is a Wrongful Death?
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If the negligent or intentional conduct of
another person caused, or contributed to, the
death of your loved one it may qualify as a
wrongful death under the laws of California
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Both acts and omissions may form the basis of a
claim of wrongful death.
Both negligent and intentional conduct can form
the basis of a wrongful death lawsuit.
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Wrongful Death vs. Survival Action
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California law allows two types of actions to be
brought against a wrongdoer who contributed to
the death of an individual a wrongful death
lawsuit and a survival action
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A survival action belonged to the decedent and
now belongs to the estate of the decedent
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A survival action can only be brought if the
decedent did not die instantly
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Only the personal representative of the estate
can initiate a survival action
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Damages in a survival action include the loss
or damage that the decedent sustained or incurred
before death, including any penalties or punitive
or exemplary damages that the decedent would have
been entitled to recover had the decedent lived,
and do not include damages for pain, suffering,
or disfigurement
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Who May File a Wrongful Death Lawsuit?
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The law limits who may file a wrongful death
lawsuit in California
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Only the following people may file
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Only the following people may file
The decedents surviving spouse and children
The domestic partner of the decedent
A putative spouse and/or children of the decedent
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Only the following people may file
A minor who resided for the previous 180 days in
the decedent's household and was dependent on the
decedent for one-half or more of the minor's
support
Grandchildren of the decedent
Anyone who would be entitled to inherit from the
decedent through intestate succession
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Damages in a Wrongful Death Lawsuit
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Both economic and non-economic damages may be
recovered in a wrongful death lawsuit
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Economic damages include
Funeral and burial expenses
Loss of financial support
Loss of gifts and benefits
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Non-economic damages compensate for the loss of
the decedents
Love
Care
Companionship
Assistance
Comfort
Protection
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Non-economic damages compensate for the loss of
the decedents
Affection
Society
Moral support
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Non-economic damages compensate for the loss of
the decedents
Loss of the enjoyment of sexual relations
Loss of decedents training and guidance
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LEARN MORE ABOUT WRONGFUL DEATH IN SAN DIEGO,
CALIFORNIA
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www.martinezschill.com
Content provided by Best Legal Practices