Orange County Wrongful Death Lawyer

Under Code of Civil Procedure section 377.60, a decedent’s (the person who died) surviving spouse, domestic partner, children, issue of deceased children. Additionally, under limited circumstances, parents, stepchildren, legal guardians, and other minors may also bring a claim for wrongful death.

Code of Civil Procedure §377.60 states that:

“A cause of action for the death of a person caused by the wrongful  act or neglect of another may be asserted by any of the following persons or by the decedent’s personal representative on their behalf:

1. 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. If the parents of the decedent would be entitled to bring an action under this subdivision, and the parents are deceased, then the legal guardians of the decedent, if any, may bring an action under this subdivision as if they were the decedent’s parents.
2. (1) Whether or not qualified under subdivision (a), if they were dependent on the decedent the putative spouse, children of the putative spouse, stepchildren, parents, or the legal guardians of the decedent if the parents are deceased.
   (2) As used in this subdivision, “putative spouse” means the surviving spouse of a void or voidable marriage who is found by the court to have believed in good faith that the marriage to the decedent was valid.
3. A minor, whether or not qualified under subdivision (a) or (b), if, at the time of the decedent’s death, the minor 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.”

Unfortunately, under California law only those persons who are expressly identified in Code of Civil Procedure section 377.60 have the right, or “standing”, to bring a claim for wrongful death. As a result, fiancés, ex-spouses, girlfriends and boyfriends do not have the right to bring a claim for wrongful death. (“A cause of action for wrongful death is purely statutory in nature, and therefore ‘exists only so far and in favor of such person as the legislative power may declare.’ ” (Barrett v. Superior Court (1990) 222 Cal.App.3d 1176, 1184 [272 Cal.Rptr. 304], internal citations omitted.))

Under California law, damages for wrongful death are generally limited to loss of financial support, loss of gifts or benefits, funeral and burial expenses, reasonable value of household services of the decedent, loss of love, companionship, comfort, care, assistance, protection, affection, society, moral support, training, guidance and loss of spousal sexual relations. (Code of Civil Procedure §377.61) Other types of damages are not recoverable, including punitive damages, emotional distress, grief and sorrow. (“The California statutes and decisions… have been interpreted to bar the recovery of punitive damages in a wrongful death action.” (Tarasoff v. Regents of Univ. of Cal. (1976) 17 Cal.3d 425, 450 [131 Cal.Rptr. 14, 551 P.2d 334],internal citation omitted.) There is an exception to this rule for death by felonyhomicide for which the defendant has been convicted. (Civ. Code, § 3294(d).); “California cases have uniformly held that damages for mental and emotionaldistress, including grief and sorrow, are not recoverable in a wrongful deathaction.” (Krouse v. Graham (1977) 19 Cal.3d 59, 72 [137 Cal.Rptr. 863, 562P.2d 1022], internal citations omitted.)

Every case is unique and must be evaluated in light of the specific circumstances giving rise to your injury. The value of your case depends on many factors including the liability of the defendant, any comparative fault of your own in causing your injuries, and the nature and extent of all of the harm suffered by you as a result of the incident, including damages for bodily injury, loss of earnings and earning capacity, property damage, general damages (e.g. pain and suffering, emotional distress, loss of enjoyment of life, physical impairment, anxiety, inconvenience, grief, humiliation, and disfigurement) and punitive damages.

In California, the statute of limitations for all personal injury claims, including wrongful death accidents, is two years from the date the incident occurred. This is known as the statute of limitations. (See Code of Civil Procedure §§335-349.4) Code of Civil Procedure §§335-335.1 states that “the periods prescribed for the commencement of actions other than for the recovery of real property, are…[w]ithin two years: an action for assault, battery, or injury to, or for the death of, an individual caused by the wrongful act or neglect of another.”

However, there may be exceptions to this rule which shorten or extend the time for you to file a lawsuit. In most cases, a lawsuit cannot be brought if more than two years has passed since the date of the incident. In limited situations, the time to file a lawsuit may be longer than two years. For example, if the claimant is a minor, they must file a lawsuit within two years of their eighteenth birthday. In other situations, the time to file a lawsuit may be shorter than two years. For example, if your injury occurs as a result of wrongdoing or negligence of a public or government entity, you must submit a claim to the appropriate government entity within six months, even if the claimant is a minor. We strongly encourage you to speak to an attorney at your earliest opportunity to ensure your rights to bring a lawsuit to recover damages for the harm you have suffered are protected.