Wrongful Death Overview

Wrongful Death occurs when a death results from Negligence or Reckless conduct, the family or loved one has a right to file claim on their behalf. Such individuals are entitled to recover monetary damages to compensate for the losses that have occurred. Some common examples of wrongful death are: Car accidents, plane crashes, medical malpractice, and construction accidents. The award of damages depends on factors such as age, the emotional loss, and the dependency of the deceased and insurance coverage.

The elements needed for a wrongful death claim are as follows: (1) C.C.P., Section 377 - "When the death of a person is caused by the wrongful act or negligent of another." (2) Nature of cause of action- Negligence or Intentional wrongful act, and (3) Standing Requirement- the party must be an heir or dependent of the deceased. The injured is entitled to recover damages involving lost love, care comfort, and support. However, grief damages are not recoverable.

The first California wrongful death statute was an act of 1862, which ordered compensation for causing death by wrongful acts, neglect or default. Prior to 1862 there was no wrongful death action available in California. Furthermore, the wrongful death guidelines are illustrated in the Code of Civil Procedure. Currently, the right to bring a valid wrongful death claim is subject to many requirements. First, the cause of action only exists as long as the legislative powers allow.

Wrongful death actions are also governed by Labor Code. Here, when death, occurring instantaneously or otherwise, results from injury to an employee caused by want of ordinary or reasonable care on the part of an employer or an officer, agent, or servant of the employer, the personal representative of the deceased employee has a right of action therefore against the employer, and may recover damages for and on behalf of the surviving spouse, children, dependent parents, and dependent brothers and sisters, in that order of precedence. Moreover, recovery may only be brought in one claim.

Limitations may apply since recovery is applicable under Wrongful death, the labor code and workers compensation. Pursuant to the workers' compensation law, the right to recover the compensation provided therein the exclusive remedy against an employer for the death of an employee as the result of an injury received in the course of employment, actions under other statutes providing for wrongful death recovery are barred. However, the claim of an employee for workers' compensation does not affect damages that are proximately resulting from injury or death against any person other than the employer. Therefore, the workers' compensation laws, do not prevent the employee from suing a negligent third party that is proximately responsible for injuries.

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