How Do Wrongful Death Claims Work in Stockton?
Unlike most personal injury claims, which are governed by common law, wrongful death is a creation of legislative statute. California’s wrongful death statute spells out exactly who is allowed to file a lawsuit and seek financial compensation. Specifically, the law permits the following family members to sue when a loved one has died:
- the victim’s surviving spouse or domestic partner
- the victim’s surviving children, or the descendants of any deceased children such as grandchildren
- other minors, such as stepchildren, who depended on the victim for at least 50 percent of their financial support
- if the victim had no surviving children or other descendants, the persons who would be entitled to inherit under California’s intestate succession law (next of kin)
- if the victim was a minor child, their parents or legal guardians
The wrongful death claim itself must be based on allegations of negligence, recklessness, or an intentional act. With respect to the latter, many wrongful death cases involve possible criminal acts, such as murder or manslaughter. But wrongful death is purely a civil matter. In other words, a family member may file a wrongful death claim even if the defendant was never charged with, or convicted of, any crime in connection with the victim’s death.
What Compensation Is Available in a Stockton Wrongful Death Case?
Wrongful death claims in California are primarily intended to compensate the family members for the loss of the victim. This financial compensation takes the form of economic and non-economic damages, which can be broken down as follows:
- economic damages cover the family’s loss of the victim’s financial support, household services, funeral and burial expenses, and other quantifiable losses.
- non-economic damages cover the family’s loss of society, companionship, protection, affection, moral support, training, guidance, intimate relations, and other non-quantifiable losses.
Reach Out to Our Stockton Wrongful Death Lawyers
By their very nature, wrongful death cases involve families working through a difficult and vulnerable time. That is why our Stockton wrongful death lawyers work to offer compassionate and skilled representation to clients still coping with their loss. So if you would like to speak with a member of our team, call Venardi Zurada LLP today at (833) VZ FOR ME to schedule a free confidential consultation.
