Wrongful Death

Wrongful Death | Claimants

Wrongful death claims and lawsuits may be filed by any of the following:

• A surviving spouse may file a lawsuit for the death of the other spouse;
• A child may file suit for the death of a parent; and
• A parent may file suit for the death of a child.

Learn More. See also Cal. Code of Civil Procedure sect. 377.60.

Wrongful Death | Elements

Wrongful death lawsuits are generally based on a claim of negligence.  Negligence is the failure to use due care in any situation that presents itself. The elements of a negligence actions are well established. They include:

• A legal duty to use reasonable care;
• A breach of the duty to use reasonable care; and
• The breach of the duty to use reasonable care resulted in the death of the victim.

See CACI | 400. Negligence – Essential Factual Elements (2017)

Wrongful Death | Damages (Death of an Adult)

Wrongful death plaintiffs are entitled to recover economic and non-economic damages.

Economic Damages may include:

• The value of the financial support that the decedent would have contributed to the family heirs;
• The monetary equivalent for the loss of gifts or benefits that the heirs would have expected to receive from the decedent;
• Funeral and burial expenses; and
• The reasonable value of household services that the decedent would have provided to the family.

Non-Economic Damages may include:

• The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support;
• The loss of the enjoyment of sexual relations; and
• The loss of the decedent’s training and guidance.

No fixed standard exists for deciding the amount of non-economic damages, they are determined by a jury based on the evidence that is presented to them.

See CACI | 3921. Wrongful Death (Death of an Adult) (2017)

Wrongful Death | Damages (Death of a Child)

Plaintiff parents are also entitled to recover economic and non-economic damages for the death of a child.

Economic Damages for the death of a child may include:

• The value of the financial support that the decedent would have contributed to the parents;
• The monetary equivalent for the loss of gifts or benefits that the parents would have expected to receive from the child;
• Funeral and burial expenses; and
• The reasonable value of household services that the child would have provided.

Non-Economic Damages may include:

The loss of the child’s love, companionship, comfort, care, assistance, protection, affection, society, and moral support.

See CACI | 3922. Wrongful Death (Parents’ Recovery for Death of a Minor Child) (2017)

Ordaz Law, APC | wrongful death lawyer

Juan J. Ordaz Jr. provides candid, hardworking and personal legal representation to individuals seeking a wrongful death lawyer in San Diego County.  We help families suffering through these unjust tragedies; we believe that it is necessary to represent people who have sustained these ultimate losses.

Call (619) 550-3617 today so that we may schedule your free and discreet consultation with a premier San Diego wrongful death lawyer.

We are for Justice no Matter Who it’s for or Against.

Learn More:

What is the Statute of Limitations for a Personal Injury Action?

What Should You Expect from Your Personal Injury Attorney?

What Should You Expect from Your Injury Lawsuit?

Will My Personal Injury Case Go To Trial or Be Settled?

Wrongful Death | Who May File Suit

Blog: Personal Injury

Wrongful Death Damages | Personal Injury

Sources and Useful Links:

Cause of Action for Wrongful Death | Code of Civil Procedure sect. 377.60

Damages for Wrongful Death | Code of Civil Procedure sect. 377.61

Barrett v. Superior Court (1990) 222 Cal. App. 3d 1176, 1184

“A cause of action for wrongful death is purely statutory in nature, and therefore ‘exists only so far and in favor of such person as the legislative power may declare.’”