An Overview of Wrongful Death Under California Personal Injury Statutes
An Overview of Wrongful Death Under California Personal Injury Statutes
People outside the legal community harbor many misconceptions about California personal injury statutes, California wrongful death statutes and other aspects of the law. Legislators in California and elsewhere write laws with a language all their own, containing Latin phrases, industry-specific usages of common words, long, rambling explanations and codicil that make them devilishly difficult for laymen to understand. This is one of the reasons why people seek the counsel of a personal injury lawyer or a legal professional practicing in another specific field of law.
A simplified definition is that wrongful death occurs when negligence or another type of unjust action on the part of a person or another type of entity results in the death of a person, referred to as a decedent. California wrongful death statutes state that the decedent's survivors, living dependents and/or beneficiaries can recover monetary damages through wrongful death lawsuits in certain situations. As always, the devil is in the details as the phrase "in certain situations" guarantees liberal, and sometimes confounding, use of the aforementioned codicil lawmakers love so much. However, these details are necessary to define specifically when people can pursue a wrongful death claim in order to prevent frivolous litigation and other abuses of the legal system.
Perhaps the instructions provided to juries in wrongful death cases illustrate the best overview of California wrongful death statutes. There were revisions to these instructions in January 2006. They are referred to as CACI 3921: Wrongful Death (Death of an Adult):
If you decide that [name of plaintiff] has proved [his/her] claim against [name of defendant] for the death of [name of decedent], you also must decide how much money will reasonably compensate [name of plaintiff] for the death of [name of decedent]. This compensation is called "damages."
[Name of plaintiff] does not have to prove the exact amount of these damages. However, you must not speculate or guess in awarding damages.
The damages claimed by [name of plaintiff] fall into two categories called economic damages and non-economic damages. You will be asked to state the two categories of damages separately on the verdict form.
[Name of plaintiff] claims the following economic damages:
1. The financial support, if any, that [name of decedent] would have contributed to the family during either the life expectancy that [name of decedent] had before [his/her] death or the life expectancy of [name of plaintiff], whichever is shorter;
2. The loss of gifts or benefits that [name of plaintiff] would have expected to receive from [name of decedent];
3. Funeral and burial expenses; and
4. The reasonable value of household services that [name of decedent] would have provided.
This is only a portion of the complete text of CACI 3921, and juries have many, many other factors that they must consider when debating the merits of wrongful death cases and which, if any, damages can and will be awarded.
California wrongful death statutes of limitations vary depending on the specifics surrounding the death and the status of both plaintiffs and defendants. However, the statute of limitations for a wrongful death in California is usually two years from the date of the death with exceptions for cases involving medical malpractice, government entities, whether or not the injured is a minor and many other specific circumstances. The excerpts provided in this article only hint at the complexities of California personal injury statutes. A more thorough overview would include lots of exemptions, clarifications and long lists of the aforementioned codicil. Suffice it to say that when people believe they have a valid wrongful death claim, their first step is consulting with an experienced personal injury attorney who can explain complex California wrongful death laws in language that is clear and simple. Own A Towing Business? Trouble Choosing Tow Truck Insurance? 1-800-513-3135 Personal Or Public Liability Insurance Is The General Form Of Policy Tips to Get 100 Percent Personal Injury Claim Compensation Record Increase in Personal Insolvencies Personal Gift Ideas - Adding a Little Flair in Every Gift Get Your Own Set Of Cheap Personal Checks Warning: Potential Personal Liability In An Insolvency Atlanta Lawyer for Personal Injury What Does A Personal Injury Attorney Do? Personal Injury - Five Terms You Should Know Before You Hire a Lawyer How To Look For Personal Injury Attorneys In Los Angeles How To Search For Personal Injury Attorneys In Santa Monica Finding The Best Personal Injury Lawyers In Los Angeles Can Be Tricky