A wrongful death action is brought by a decedent’s survivor(s) for the decedent’s loss arising out of the wrongful act that led to the decedent’s death. Wrongful death claims are relatively recent type of claim because previously, personal injury claims ended when the victim died. This new cause of action that arises on a decedent’s death is vested in statutorily specified survivors.
● Who May Recover – Qualified Survivors
Under California’s Wrongful Death statutes, persons entitled to recover wrongful death damages include but are not limited to, the decedent’s surviving spouse, domestic partner, children, and issue of deceased children, or, if there is no surviving issue of the decedent, the persons, including the surviving spouse or domestic partner, who would be entitled to the property of the decedent by intestate succession. Under the California statutes, more than one person can be a qualified survivor entitled to participate in pursuing wrongful death damages. For example, both the surviving spouse and children can pursue damages under this claim.
MEASURE OF DAMAGES
Successful wrongful death plaintiffs are entitled to recover damages for benefits they could reasonably have expected to receive from a decedent had he or she lived. Survivors are not limited to damages for pecuniary loss. For example, a spouse can recover not only for loss of support and other pecuniary items, but also for detriment similar to loss of consortium. In another example, parents’ can recover for loss of comfort and society due to daughter’s or son’s death.
Please View the Following Accident Pages for More Information Regarding the Specific Type of Accident that Can Result in a Wrongful Death Claim:
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