Wrongful death cases are heartbreaking and confusing. They’re heartbreaking because they inherently involve a death that should not have happened — the loss of precious life as a result of someone else’s negligence or recklessness. They’re confusing because they work differently than other kinds of legal proceedings, and in Bakersfield, wrongful death lawsuits are governed by a complicated statute with very strict rules. If your family has recently been rocked by the terrible tragedy of unexpected death, you probably have a lot of questions. This article is designed to answer some of those questions. Of course, every scenario is unique, and we always urge grieving families to seek sound, personalized legal advice as soon as possible. The experienced Bakersfield wrongful death lawyers at The Law Offices of Mickey Fine are here to help.
How Is Wrongful Death Different from Other Legal Proceedings?
A wrongful death claim is completely different from a criminal proceeding. It is a civil lawsuit, and the outcome is expressed purely in financial terms. While a person’s death might result in both a wrongful death lawsuit and a criminal homicide proceeding, the two are entirely separate. The outcome of one does not affect the other, and a different set of laws applies to each. Wrongful death is also technically distinct from a regular personal injury claim because the victim isn’t the one filing the lawsuit. Rather, it is the victim’s survivors or personal representative who commence the legal action, claiming damages on the deceased’s behalf (as well as for their own personal suffering in connection with the death).Who Can File a Wrongful Death Lawsuit in Bakersfield?
State law is very specific about who can and can’t bring a wrongful death action in California courts. Generally speaking, relief is limited to very close family members. Unfortunately, though, the law’s definition of a close relative doesn’t always match the family’s. The only parties allowed to file a wrongful death suit in California are the:- Spouses
- Domestic partners
- Children of the deceased
- A putative spouse
- Stepchildren
- Parents
What Damages Are Available in a Wrongful Death Case?
Generally speaking, the damages awarded in a California wrongful death lawsuit are divided into two categories: (1) compensation to the deceased person’s estate and (2) compensation to the deceased person’s relatives for their own personal injuries related to the death. Examples of compensation awarded to the estate might include:- Funeral and burial expenses
- Medical bills (including hospital bills) related to the illness or injury that resulted in death
- The deceased person’s lost income while still alive
- The income the deceased person was reasonably expected to have earned during the rest of his or her life
- The loss of financial support from the deceased
- The loss of any household services the deceased person might have provided
- The loss of love, affection, support, and/or parental guidance