Personal Injury FAQs

A “wrongful death” occurs when one party is responsible for causing another person’s demise, akin to a personal injury claim where the victim succumbs to their injuries due to someone else’s negligence.

In the state of California, the legal framework for initiating a wrongful death lawsuit is defined by the California Code of Civil Procedure 377.60, which outlines the eligible parties who can bring forth such a claim. This includes a broad spectrum of individuals closely connected to the deceased person. Specifically, those who can initiate a wrongful death lawsuit encompass:

1. Spouses: The surviving spouse of the deceased is generally a primary party eligible to file a wrongful death lawsuit. This legal provision acknowledges the intimate and legally recognized relationship between spouses.
2. Domestic Partners: Similar to spouses, domestic partners who have registered their partnership in accordance with California law hold the legal standing to pursue a wrongful death claim.
3. Children: The children of the deceased individual are typically entitled to bring forth a wrongful death lawsuit. This category encompasses both biological and adopted children.
4. Grandchildren: In cases where the deceased person’s own children have predeceased them, their grandchildren may be eligible to file a wrongful death lawsuit, representing an extension of the familial hierarchy.
5. Stepchildren or Financially Dependent Parents: Stepchildren, as well as parents who were financially dependent on the decedent, can also pursue a wrongful death claim under California law.
6. Dependent Minors: Any minor who resided in the same household as the decedent for the 180 days preceding the death and was financially reliant on the decedent for at least 50% of their financial support holds the legal standing to initiate a wrongful death lawsuit.
7. Intestate Successors: Finally, individuals who would have been entitled to inherit the deceased person’s property through intestate succession, as determined by California’s laws governing inheritance in the absence of a will, also have the right to file a wrongful death lawsuit.

This comprehensive list reflects the intent of California’s legal system to provide recourse for a wide range of family members and dependents who have suffered the loss of someone close to them due to wrongful actions or negligence. However, it is advisable for potential claimants to seek legal counsel to fully understand their eligibility and the specific requirements associated with pursuing a wrongful death lawsuit.

The primary factors contributing to wrongful deaths in Orange County closely align with the common causes of personal injury incidents. These factors include but are not limited to car, truck, motorcycle, bicycle, and pedestrian accidents, incidents involving defective products, and unfortunate encounters with animal attacks.

A wrongful death lawsuit in California relies on establishing four crucial elements:

1. Demonstrating that the party at fault had a duty of care towards the deceased.
2. Establishing that this duty was violated or breached.
3. Connecting this breach to the victim’s fatal outcome.
4. Illustrating that the victim’s demise caused tangible losses for their family.

In a wrongful death lawsuit, various forms of compensation may be awarded to the deceased’s family members. These compensatory categories encompass economic damages, which include financial support, gifts or benefits that would have been received from the deceased, funeral and burial expenses, and the calculated value of household services that the decedent would have provided. Furthermore, noneconomic damages extend to address intangible losses such as the bereavement of love, companionship, comfort, care, assistance, protection, affection, society, and moral support that the family members would have received from the deceased. Additionally, non-economic damages can encompass the loss of sexual enjoyment and guidance. Notably, punitive damages are not a typical component of wrongful death lawsuits in California but may potentially be pursued through a survivorship claim.

Yes, nursing home neglect can be considered a personal injury case in California. When an elderly or dependent adult residing in a nursing home suffers harm due to neglect or abuse, it falls under the umbrella of personal injury law. In such cases, the injured individual or their legal representatives can pursue a personal injury lawsuit against the responsible party, which may include the nursing home facility, staff members, or others who played a role in the neglect or abuse.

The primary objective of these legal actions is to secure compensation for the harm and distress resulting from the neglect, which may encompass medical costs, emotional distress, and related setbacks. Seeking counsel from a skilled attorney with expertise and experience in personal injury cases, especially involving nursing home neglect cases, to assess the unique circumstances and ascertain the most suitable legal path forward.