Carlsbad Wrongful Death FAQs

The plaintiff must be able to establish that: (a) the defendant owed a duty of care to the deceased; (b) the defendant failed to exercise reasonable care and thus breached his/her duty; (c) the defendant’s negligent actions contributed directly to the death of the deceased; and (d) the plaintiff suffered considerable economic and non-economic losses as a result of the decedent’s death.

Yes‚ there are more ways than one to contribute to the family. If your loved one performed housekeeping‚ childrearing‚ and other important activities‚ you may pursue compensation for the loss of those services. You may also recover for the loss of companionship in addition to medical and funeral expenses.

Wrongful death statutes in California do not allow claims based on the loss of an unborn child. One is only considered legally alive at birth‚ and therefore‚ a fetus is not granted the rights of personhood.

Yes. However‚ you will likely recover only damages based on the non-economic contributions (companionship‚ guidance‚ affection‚ etc.) or the services your child or elderly loved one provided to the family. Monetary losses are usually only considered in cases where the claimant was a financial dependent of the decedent.

In the state of California‚ the representative or successor of a deceased individual can continue with a lawsuit that was pending at the time of the decedent’s death. These lawsuits are commonly known as “survival actions.” Damages recoverable in survival actions include “the loss or damage that the decedent sustained or incurred before death‚ including any penalties or punitive or exemplary damages that the decedent would have been entitled to recover had the decedent lived‚ and do not include damages for pain‚ suffering‚ or disfigurement” (Code of Civil Procedure Section 377.34).

Unfortunately‚ the state imposes a cap of $250‚000 on non-economic damages in medical malpractice cases. Claimants should also be aware of the complicated procedural rules for filing a wrongful death case involving medical malpractice‚ such as the requirement that the defendants be notified at least 90 days before an action is filed.

It is understandable if you are feeling distraught and confused after the unjust and preventable death of a loved one. The Jurewitz is here to help. Please bring all of your questions and concerns to us and we’ll do our best to give you the answers you need. For a free consultation‚ call our office or submit an online contact form and one of our dedicated staff will get back to you promptly.