The California Wrongful Death Law
Wrongful death is a cause of action created by the California legislature that is common with every state. When another negligently or wrongfully causes someone's death, the deceased's survivors may bring a case against the negligent party, claiming damages resulting from the death.
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California statute
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The California wrongful death statute can be found in the California Code of Civil Procedure sections 377.60-377.62. This statute sets the parameters of a wrongful death action, including who may bring the case and the statute of limitations, a time frame by which the case must be brought before claims are forfeited.
Survivors
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Only certain survivors may bring the cause of action in California. Surviving spouses, domestic partners, offspring of deceased children or, if none of those survive, the next of kin who would receive property of the deceased through the law of intestate succession.
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Damages
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The types of damages available in a successful wrongful death case cover a variety of issues. They include financial support to replace the support provided by the deceased, funeral and burial expenses, loss of gifts and benefits, reasonable value of household services, emotional damages and sometimes punitive damages.
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References
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