Wrongful Death

Wrongful Death

Code of Civil Procedure Section 377.60 establishes a separate statutory cause of action in favor of specified heirs of a person who dies as a result of the “wrongful act or neglect” of another.  Under a wrongful death cause of action, the specified heirs are entitled to recover damages on their own behalf for the loss they have sustained by reason of the victim’s death.  The elements of a wrongful death action are a wrongful act (which may but does not have to be a negligent act), resulting in death (causation), and loss (damages) suffered by the heirs. 

Persons entitled to recover for wrongful death: Only those persons identified in Code of Civil Procedure Section 377.60 have standing to maintain a wrongful death action.  The rules with respect to CCP Sect. 377.60 are fairly complicated; but, generally speaking, a spouse or domestic partner and children are first in line to be compensated for the death of the decedent.  Parents are next if the deceased victim left no children, regardless of whether the decedent had a spouse or domestic partner at the time of his or her death.  Brothers and sisters may bring a wrongful death action when there is no spouse, parent living, or children.  Les has had two wrongful death cases in recent years.   In Schwab v. Rambla Vista, which case is mentioned above, the claimant was the decedent’s brother; and in a currently ongoing case, the claimants are the two living parents of their adult son, who suffered death as the result of the negligence of multiple parties.  Each case has presented its own challenges, including but not limited to an appeal from the Superior Court’s dismissal of two of the defendants in the ongoing case, which appeal was resolved with a favorable decision in 2022.

Damages in a wrongful death case–direct pecuniary loss:  Each eligible claimant can recover damages for the support and other financial benefits he or she would have received from the decedent.  This includes not only “necessities of life” (food, clothing, shelter), but also any financial contributions the decedent would have probably made to or for the claimant’s benefit.

Loss of love, companionship, comfort, affection, society, solace or moral support:  In many cases, the decedent did not contribute measurable income to the family unit.  For example, the decedent may have been elderly or retired, not a wage earner, or a very young child.  Even so, the death may cause substantial injury to the family unit, compensable regardless of whether financial loss enters into the equation.  People are entitled to be compensated for the tragedy of the loss of a wife, husband, child, or parent.  Some things cannot be measured in terms of potential earning capacity or the potential for additional financial support.  The hole in one’s life resulting from the loss of a loved one is one of them.