Audio Santa Ana California Wrongful Death Law and Damages

AUDIO- SANTA ANA CALIFORNIA WRONGFUL DEATH LAW

What is a Wrongful Death Claim in the State of California and Specifically, in the City of Santa Ana, California?

Every five minutes in the United States, there is a wrongful death. This equates to more than 100,000 children, teenagers and adults sustaining untimely deaths each and every year. Tragically, a majority of the traffic related wrongful deaths involve teenage drivers between the age of 16-21.

In California, a Wrongful Death normally involves a claim against a person or company who is legally responsible for the death of an individual. The claim is brought in a civil action, usually by close relatives (legal heirs) as provided by statute.

The death must have been caused, in whole or in part, by the defendant's conduct. It must be shown that the defendant was negligent or acted with intentional, willful, wanton or reckless conduct. In some instances, a party may be strictly liable for the death of another without the surviving heirs having to show any wrongdoing by the other party.

Who Can File a California Wrongful Death Case?

California's wrongful death laws permit certain individuals with a designated relationship to the victim to file a wrongful death claim. Although exceptions do exists, in California the following people may bring a claim in court for the wrongful death of a loved one:

-- The victim's surviving spouse, children, issue of deceased children, registered domestic partner, dependent putative spouse, dependent stepchildren, dependent minors living in the victim's household for at least six months, and dependent parents. If there are no heirs as described above, then claimants include those who would be entitled to inherit the victim's estate under the law of intestate succession: Parents, whether or not they were dependent; if there are none, then siblings or children of deceased siblings; if there are none, then grandparents; if there are none, then children of a deceased spouse. If none of these relatives exist, the next of kin may file a wrongful death suit.

A wrongful death victim's personal representative can also maintain a wrongful death action on behalf of the individuals listed above. A personal representative is a person appointed by the probate court to handle the wrongful death victim's assets, or estate.

What is the Difference Between a Wrongful Death Case and a Survival Action?

In a wrongful death case, which is a separate statutory cause of action in California, the specified heirs are entitled to recover damages on their own behalf for the unique loss they have sustained by reason of the victim’s death. Wrongful death damages are not part of the victims estate.

Proving the elements of a wrongful death case are much the same as in a personal injury case. Available damages, depending on the evidence, may include economic damages such as financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff; loss of gifts or benefits that plaintiff would have expected to receive from decedent; funeral and burial expenses and the reasonable value of household services that decedent would have provided to his or her loved ones.

Non-economic damages include may include a loss of decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support; a loss of the enjoyment of sexual relations and the loss of decedent's training and guidance.

In a survival action, the cause of action "survives" the death of the person and passes to the person's successor in interest, who could be a surviving family member or the personal representative of the estate. Damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive damages that the decedent would have been entitled to recover.

This might include damages personal to the decedent, such as medical expenses, and lost wages. However, believe it or not, damages for pain and suffering are not allowed. In some cases, punitive damages are recoverable in a survival action if the victim survived the accident, however briefly, or if the property of the victim was damaged or lost before death. In many cases, the survival action may be joined with the wrongful death claim and litigated at the same time.

In some cases, punitive damages are recoverable in a survival action if the victim survived the accident, however briefly, or if the property of the victim was damaged or lost before death. The only time brief survival or property damage are not necessary to obtain punitive damages is when the wrongful death resulted from a homicide for which the defendant has been convicted of a felony. In many cases, the survival action may be joined with the wrongful death claim and litigated at the same time.

Another distinction is the statute of limitations period, which in a survival action runs for two years from the date of the injury, or for six months after death, whichever is later. An action for wrongful death, in contrast, must be brought within two years from the date of death. A wrongful death action may be joined and tried together with a survivor action when both actions arose out of the same wrongful act.

What Damages are Available in a California Wrongful Death Case?

When a person dies due to the negligence of another, the surviving family members may pursue a claim for wrongful death. Proving the elements of a wrongful death case are much the same as in a personal injury case. The main difference is the type of damages sought. In a wrongful death case, the plaintiffs are the surviving family members, and they are suing for the damages caused to them as a result of the death of their loved one. Therefore, damages that were personal to the decedent, such as medical expenses, lost wages, and pain and suffering, are not available. However, different types of economic and non-economic damages are available.

Economic damages recoverable in a wrongful death action include: financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff; loss of gifts or benefits that plaintiff would have expected to receive from decedent; funeral and burial expenses reasonable value of household services that decedent would have provided to his or her loved ones.

Non-economic damages include: loss of decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support; loss of the enjoyment of sexual relations; loss of decedent's training and guidance.

In some cases, punitive damages are recoverable in a survival action if the victim survived the accident, however briefly, or if the property of the victim was damaged or lost before death. The only time brief survival or property damage are not necessary to obtain punitive damages is when the wrongful death resulted from a homicide for which the defendant has been convicted of a felony. In many cases, the survival action may be joined with the wrongful death claim and litigated at the same time.

A jury is not permitted to consider the grief, sorrow or mental anguish of the heirs, the poverty or wealth of the heirs, or the wrongful death victim's pain and suffering. Although a loved one who witnessed the death of another may have a separate cause of action for emotional distress.

What is the Standard of Proof in a California Wrongful Death Case? The standard of proof in the United States is typically preponderance of the evidence as opposed to clear and convincing or beyond a reasonable doubt. Because proving a case beyond a preponderance of the evidence (slight tipping of scales) is usually easier than a criminal prosecution (beyond a reasonable doubt), most wrongful death cases are handled in the civil court system.

Are There Any Special Time Limits To Asserting a California Wrongful Death Case?

Yes there are. Time is of the essence in many wrongful death actions. Preserving evidence and identifying defendants are key factors in many of the underlying accidents involving death cases. This requires retaining investigators and experts to commence investigations and evaluations as promptly as possible. Hiring an experienced California wrongful death lawyer therefore should not be delayed.

In civil wrongful death cases, most states have a strict statute of limitations which means that court proceedings must be properly commenced within a certain period of time after the incident or the claimant will lose his or her right to bring a claim.

Can a Person Who Causes the Death of Another Human Being Be Prosecuted For Both the Criminal Wrongful Death and the Civil Wrongful Death?

The answer is yes. In some instances, a civil and criminal case can both be filed at the same time. For example, a person may be prosecuted criminally for causing a person's death (murder, manslaughter, criminally negligent homicide) and that same person can also be sued civilly in a wrongful death action. The well publicized OJ Simpson case is a good example. It also reflects the different standards of proof and different possible outcomes.

From a Lawyers Perspective, What Does it Take to Be a Good Wrongful Death Lawyer?

Wrongful death attorneys gain experience handling wrongful death cases one case at a time. It most cases, it can take many years and trials to learn how to properly and persuasively present a wrongful death case to a judge or jury.

By their very nature, the available damages in a wrongful death case are simply not quantifiable through formulas or expert testimony. The extent of compensation heirs can recover in these types of damages relies in significant part on the preparation and artfulness of the lawyers they hire. Convincing juries of the amount to which the heirs are entitled for these damages must be done skillfully through the lawyer's capacity for persuasion and advocacy.

Over the years, we’ve been able to obtain multimillion dollar settlements for our wrongful death clients. In some instances, we’ve even been able to obtain multimillion dollar judgments and verdicts after the responsible party either offered nothing to settle the wrongful death case or made such a low settlement offer that trial was our client’s only option.

To maximize your chances of success, it’s important to be represented by a law firm that has the experience, resources, and reputation necessary to help make sure you get the results you’re entitled to. Proving the potentially high worth of a wrongful death case requires a great deal of skill and experience.

If you or a family member have experienced a wrongful death because of the wrongful conduct of another person or company, you may be entitled to compensation. Please contact us to get your questions answered today! We can be reached toll free at 800-661-7044 or via our web site at www.jacksonwilson.com

Best regards,

Mitch Jackson and Lisa Wilson Jackson & Wilson, Inc. (Since 1986) Aggressive Representation for Maximum Results! 23161 Mill Creek Drive, Ste 150 Laguna Hills, CA 92653 Tel No. 949.855.8751 Toll Free No. 800-661-7044

Several Wrongful Death Verdicts and Settlements...

$1,000,000.00- Three young children who lost their parents in a tragic accident $5,000,000.00- Woman attacks father and murders son $900,000.00- High school track star drowns $1,250,000.00- Jet ski rider dies in head on watercraft crash $5,500,000.00- Excessive Use of Force by Moreno Valley Police Department Leads to Wrongful Death Verdict Against Riverside County $1,000,000.00- Two teenagers were killed in a head on collision $400,000.00- Exploding gas tank causes fatal injuries

More verdicts and settlements at www.JacksonWilson.com

Jon Mitchell Jackson is an Orange County California WRONGFUL DEATH lawyer who, in 2009, was named an Orange County Trial Lawyer of the Year by the Orange County Trial Lawyers Association. Mitch is the founding partner and Senior Litigation Partner of Jackson and Wilson, Inc., a top AV rated firm by Martindale-Hubbell. The firm is also listed in the Bar Register of Preeminent Lawyers, an exclusive listing reserved for the best law firms in the United States. This recent award follows several earlier recognitions this year naming Mitch as a Southern California Super Lawyer and, a rating of 10.0 or Superb by the national AVVO lawyer rating system. Mitch also serves as a Judge Pro Tem with the Orange County Superior Court and in his spare time, enjoys Rotary International. Mitch invites potential clients, family, friends, and fellow Rotarians to visit his web site and say hello. www.jacksonwilson.com