Are There Limits On Wrongful Death Settlements In California?
If you lost a loved one in a car crash or other accident, only you can understand the pain you are experiencing. Suddenly, someone you count on daily is gone, and your life is in turmoil. While legal action might be the furthest thing from your mind, you may want to consider it if another person caused your loved one’s death.
You will learn below about essential aspects of California’s wrongful death laws, including limits on certain types of settlements. If you want to maximize your financial recovery in a wrongful death lawsuit contact the Oakland wrongful death lawyers at Bracamontes & Vlasak. We have an impressive track record of favorable settlements and verdicts. We are ready to put our formidable legal skills to work for you.
Caps On Wrongful Death Settlements In California
If you file a lawsuit for wrongful death in California, it is natural to wonder if there are caps on the settlement or verdict you can receive. Generally, there are no caps on wrongful death damages, with one exception for medical malpractice cases. In 2023, AB 35 took effect, increasing the cap for med mal wrongful death claims from $250,000 to $500,000. The cap is scheduled to increase $50,000 annually through 2033 to $1 million. Note that the bill is not retroactive and only applies to cases filed on or after Jan. 1, 2023.
Wrongful death cases other than medical malpractice, such as car accidents, and slip and fall mishaps, do not have any cap on damages. The amount of economic and non-economic damages recoverable in a wrongful death case depends on what evidence the loved ones present to the jury about the personal and economic relationship they had with the loved one who died. If you have additional questions about lawsuit damages, talk to one of our Oakland wrongful death lawyers at (415) 835-6777.
California Statute Of Limitations
Like every state, California has a statute of limitations for filing a wrongful death lawsuit. The wrongful death statute of limitations in California is two years from the date of the person’s death. Ensure that you retain an experienced wrongful death attorney well before the deadline. It is always best to retain an attorney early, so they can collect evidence and begin working on the case.
California Wrongful Death Frequently Asked Questions
What is a wrongful death claim in California?
A wrongful death claim is a civil lawsuit filed by the surviving family members of a person who died due to the negligence or wrongful act of another party. The claim seeks monetary damages for the losses suffered by the family.
Who can file a wrongful death claim in California?
The surviving spouse, domestic partner, children, and parents of the deceased can file a wrongful death claim. If there are no immediate family members, other relatives such as siblings may also be eligible to file.
What damages can be recovered in a wrongful death claim?
Damages may include economic losses (such as lost income and benefits), non-economic losses (such as loss of companionship and emotional support), and punitive damages if the defendant’s conduct was particularly egregious.
How long do I have to file a wrongful death claim in California?
You generally have two years from the date of the deceased’s death to file a wrongful death claim. For claims against public entities, you must file a claim within six months of the death.
Can I file a wrongful death claim if the deceased lived for a period of time after the incident?
Yes, you can file both a wrongful death claim and a survival action. The survival action allows the estate to recover damages for the deceased’s pain and suffering before death.
What is the difference between wrongful death and survival actions?
A wrongful death claim compensates the family for their losses, while a survival action compensates the estate for the deceased’s losses and suffering before death.
Can I sue for wrongful death if the deceased was partially at fault for the accident?
Yes, California follows a comparative fault rule, which means you can still recover damages even if the deceased was partially at fault, but the compensation may be reduced by their percentage of fault.
What types of incidents can lead to a wrongful death claim?
Incidents such as car accidents, medical malpractice, workplace accidents, and defective products can lead to wrongful death claims.
How much can I expect to recover in a wrongful death claim?
The amount varies widely depending on the specifics of the case, including the deceased’s income, age, and the circumstances of the death. Settlements can range from tens of thousands to millions of dollars.
Do I need a lawyer to file a wrongful death claim?
While not required, it is highly recommended to consult with a wrongful death attorney to navigate the legal process and ensure you receive fair compensation.
How A California Wrongful Death Attorney Can Help
If you lost a primary breadwinner in your home, you may lack the income to pay your mortgage or rent, utilities, food, college expenses, etc. An experienced California wrongful death attorney can review the case circumstances, determine how the death occurred, and determine if another party could be held liable. While a financial settlement or favorable verdict will not bring your loved one back, it could provide much-needed economic security and a sense of justice for your grievous loss.
You Can Count On Our Oakland Wrongful Death Lawyers
Losing a loved one in an accident is an agonizing ordeal that people rarely anticipate. If it happens, it can devastate you emotionally and financially. No amount of money will ever replace someone dear to you, but money in our system is a form of justice and you may be entitled to justice.
If another party caused the death, you should consider pursuing a wrongful death lawsuit to ensure your family is provided for. You can rely on the Oakland wrongful death lawyers at Bracamontes & Vlasak to fight for your rights and compensation. Call (415) 835-6777 for a free initial consultation today.
(Updated 12/5/2024)
