California law allows you to file a lawsuit if you lose a loved one due to someone else’s negligence. However, a wrongful death lawsuit is not only a means of holding the responsible party accountable. It also allows you to recover relief from the financial consequences and emotional pain that accompany the loss of your loved one. This claim compensates you for economic losses, including funeral expenses, lost income, and other financial ramifications that will impact your family’s future. Understanding the process of filing a wrongful death claim can significantly affect the outcome of your case. Knowing what damages you can claim and the deadlines involved increases your chances of getting fair compensation.
What exactly is a wrongful death settlement? The information below explains it at length.
What is a Wrongful Death Lawsuit and Settlement?
Personal injury claims for wrongful death are a type of lawsuit that allows surviving family members to sue for damages if someone dies due to another’s negligence or wrongful actions. Unlike most personal injury cases, in which the injured party seeks to recover damages, a wrongful death action is brought by the deceased’s survivors, specifically a spouse, children, or parents. The aim is to secure financial compensation for the emotional and financial toll on the family caused by the loss.
Wrongful death claims can result in settlements. However, not for all cases. The outcome depends on:
- The strength of the evidence
- The clarity of the liability
- How both parties approach the situation
Many cases are settled outside of court because all parties avoid the time and costs associated with a trial. Settlements usually cover economic losses and non-economic damages caused by death.
In California, a wrongful death claim can be filed by only a specific group. These include the
- Surviving spouse
- Children
- In some cases, the parents of the deceased
Further, in some cases, others who were financially dependent on the decedent, like domestic partners, may qualify. However, distant relatives or friends are not entitled to file.
When multiple eligible parties are involved, they should be brought into one lawsuit. This simplifies the process and ensures that all those affected by the losses are represented and can be compensated. Consolidation of the claims prevents the defendant from having to defend multiple lawsuits concerning the same incident. It also eliminates the risk of conflicting rulings.
Proving Your Wrongful Death Claim
If you file a wrongful death lawsuit, you have to show that the defendant's actions or negligence resulted in your loved one’s death. To succeed, you need to establish several key elements: These are:
- Duty of care
- Breach of the duty of care
- Causation
- Damages
Duty of Care
You need to prove that the defendant owed a duty of care to the deceased. This duty arises in different circumstances, such as when someone:
- Drives on the road
- Provides medical care
- Owns property
For instance, a driver is meant to obey the traffic law, drive responsibly, and avoid endangering other road users. The same goes for doctors. They have to provide competent care to their patients.
Breach of the Duty of Care
After establishing that the duty of care existed, you must prove that the defendant breached this duty. It could be through engaging in negligent acts, recklessness, or intentional misconduct. For example, if a driver runs a red light, his/her action constitutes a breach of a duty of care. Drivers have a legal obligation to drive safely.
Likewise, if a doctor makes a mistake and a patient dies, the doctor has failed his/her duty to provide proper medical care.
Causation
You also have to show that the defendant’s actions caused the death or that the defendant’s actions were a substantial factor in causing the death. It is not enough to show that the defendant was negligent. You have to connect the defendant’s behavior to the fatal outcome.
Expert testimony is often critical in establishing causation. For example, an accident reconstruction expert could tell the jury that the defendant’s negligent driving was responsible for the fatal collision. On the other hand, a medical expert might prove death from a doctor’s mistake.
Damages
Finally, you have to prove how much damage your family suffered because of the loss. Damages in wrongful death cases typically fall into two categories: economic and non-economic
Economic damages include tangible financial losses like:
- Medical bill
- Funeral expenses
- Lost income
These losses can be substantial if your loved one was the primary breadwinner.
On the other hand, non-economic damages are compensation for intangible losses such as:
- Emotional pain
- Suffering
- Loss of companionship
These damages are more difficult to quantify. However, they can be significant and can greatly affect your life.
You will need evidence, including medical records, accident reports, witness testimonies, and expert opinions, to help you build a strong case. California’s two-year statute of limitations for wrongful death claims needs to be met as well. You may lose your right to seek compensation if you fail to file within this timeframe.
After you and the defendant present your evidence, a jury will decide on whether the defendant is liable. If the defendant is found liable, the survivors will be awarded damages.
In some cases, wrongful death lawsuits are settled before going to trial. The defendant could offer a settlement to avoid the trial cost and the uncertainty of appearing in court. Any settlement offer needs to fully compensate you for your losses. Therefore, you should consult with a personal injury attorney to ensure that.
Average Wrongful Death Settlement Amounts in California
The settlement amount for a wrongful death lawsuit in California depends primarily on the case's specifics. For some cases, where there is little litigation, the wrongful death claims may settle for around $10,000, which is about the same as the insurance policy limit. However, more complex or high-stakes cases will result in a settlement of six to seven figures.
If a case is likely to go to trial, defendants understand that trials present the potential for much more significant verdicts. Thus, they end up settling for a higher amount to avoid the uncertainty and costs of litigation.
Several recent wrongful death settlements in California illustrate this variation:
- After a fatal pedestrian accident involving a commercial truck in Harder et al. v. Golden State Portables et al., the result was a $5 million settlement.
- A $5.3 million settlement was awarded in a use of police force case, Sommers v. City of Santa Clara, et al.
- In one case where an off-duty police officer caused a fatal car accident in the Dominguez v. City of San Diego case, a settlement of $10 million was reached.
- In a hotel, a wrongful death caused by exposure to Legionnaires Disease resulted in a $3 million settlement for the family of diseased Winfield.
Key Factors That Influence Your Wrongful Death Settlement Value
Several factors can affect the amount you could receive in a wrongful death case, some of which will increase the value and others decrease it.
Some of the critical factors that increase the value of a wrongful death settlement include the following:
- Medical expenses — The total compensation increases if you incurred significant medical costs in treating the victim before his/her death
- Victim's community role — The settlement value increases if a victim is prominent or plays a significant role in their community because their absence is felt more widely
- Victim's age — The longer the life expectancy, the greater the victim's earning potential. Thus, the higher the settlement.
- Victim's dependents — The settlement may be more significant if the deceased supported a spouse, children, or other dependents.
- Pain and suffering — If the victim suffered physical or emotional pain before passing, the settlement could be increased to reflect those damages.
On the other hand, some factors decrease the amount payable in a wrongful death settlement, namely:
- Victim's contribution to the accident — The settlement can be reduced in proportion to the victim's fault in the accident. California is a pure comparative negligence state. This means that the jury will apportion fault to both the defendant and you, the plaintiff. Under this doctrine, you can recover damages even if you were partially at fault. You will receive an award proportionate to the defendant’s assigned fault.
- The victim's age — The settlement is lower for victims with short life expectancies. Thus, older victims receive lower settlements.
- Victim's family size — The financial and emotional loss is less painful for a smaller family or a lack of dependents. Therefore, you will likely receive a significantly smaller amount than if the deceased had a bigger family.
- Victim's isolation — If the victim had no social connections or led an isolated life, in these cases, the perceptual impact of the loss of life may be low and result in less settlement.
- Victim's criminal history — A criminal background might negatively affect the settlement because it suggests that the victim contributed to their death.
Changes to the Damage Caps in California
Specific damage caps are imposed on wrongful death cases involving medical malpractice. These caps are outlined under the Medical Injury Compensation Reform Act (MICRA), dating back to the 1970s. The first version of MICRA capped noneconomic damages at $250,000. It did not matter how bad the injury was or how much the family had lost. This cap applied. However, as the healthcare and living expenses soared over the years, the cap became increasingly controversial. California lawmakers passed Assembly Bill 35 (AB 35) of 2022 to address these concerns. The new law substantially increased the damage caps and addressed long-standing concerns over fairness in compensation.
Assembly Bill 35 raised the cap for wrongful death cases involving medical malpractice to $500,000 in January 2023. In 2033, the cap will be $1 million and grow by $50,000 annually, increasing by 2% annually. This change is a more realistic compensation framework considering the rising cost of living and the long-term effect of losing a loved one.
In 2023, the noneconomic damage cap for nonfatal medical malpractice cases rose from $250,000 to $350,000. As with the wrongful death cap, this will increase by $40,000 annually until 2033, when it reaches $750,000, and then by 2% each year. Moreover, these adjustments ensure that medical malpractice victims see their damages calculated based on their suffering, even if they live but suffer from permanent injuries.
It is worth noting that AB 35 introduces a more nuanced approach by creating three distinct categories of defendants, each with its cap for noneconomic damages:
- Healthcare providers like doctors
- Healthcare institutions like hospitals
- Unaffiliated providers or institutions like independent contractors or separate entities
However, each defendant category has its damage cap. This allows plaintiffs to claim different amounts depending on the defendant. This guarantees that the collective implications of what was done will be prorated in addressing the matter when the responsibility ante is shared by many.
AB 35 also allows for periodic payments for future economic damages, moving from a $50,000 threshold to a new minimum of $250,000. This change allows for structured compensation during that time for families in ongoing financial hardship related to medical malpractice or wrongful death. In a case that causes economic damage, plaintiffs can now get a stable, long-term source of financial support to pay for future medical care, lost wages, or continuing personal expenses.
Moreover, Assembly Bill 35 caps attorneys’ contingency fees. This ensures that more of the settlement or award goes to the plaintiffs. If the case is settled before it begins in formal litigation, attorneys can get up to 25% of the settlement amount. In cases where litigation is inevitable, the fee could rise to 33%. This compensation system ensures that attorneys get fairly compensated for their work but protects plaintiffs from steep legal costs that could reduce their recovery.
The law also includes protections for healthcare providers. It allows them to make statements about fault before litigation without those statements being used against them in court. It makes it more likely that more candid conversations about the possibility of a mistake will get resolved quicker or settled faster. The idea is to offer these protections for more transparency in the medical field and a higher likelihood of out-of-court settlements. This reduces both the burden on the plaintiffs and the burden on the medical system.
Though AB 35’s changes are steps forward, they apply only to medical malpractice cases. Caps do not apply to wrongful death claims arising from other types of negligence, including accidents, product liability, and so on. In these cases, California law permits juries to decide what the amount should be based on the facts of the case, ensuring the actual amount of the victim’s loss is considered.
Payment of Wrongful Death Settlements
California's response time for wrongful death demand letters is usually 40 days. However, complex cases may take longer. Many settle in three months. Negotiations may fail, in which case the case moves to trial, a time-consuming and expensive process.
When deciding whether to take a lump sum or a structured settlement, it is important to weigh the pros and cons of each. A lump sum provides immediate access to funds that can be flexible in use, including investing the amount. However, there is also the chance of mismanaging it, and part of the settlement could be taxable, especially if it covers medical expenses that were previously deducted.
On the other hand, a structured settlement provides guaranteed periodic payments for an extended period. It can also offer tax advantages and prevent impulsive spending. However, the settlement may be worth less, in total, than a lump sum when interest rates are low. Plus, once the terms are settled, they are difficult to change if your financial situation changes.
Wrongful death settlements are typically not taxed since they compensate for non-economic damages, like pain and suffering or loss of companionship. If, however, you previously deducted medical expenses related to the deceased’s illness or injury and the settlement reimburses those costs, you may be subject to tax. The IRS prohibits double deductions for expenses already written off.
With these complexities, you must consult a tax professional to understand your settlement's tax implications fully. They will advise you and offer solutions suited to your circumstances.
Find a Wrongful Death Attorney Near Me
A wrongful death lawsuit is fraught with legal complexities. The procedural difficulties of building a strong case and negotiating settlements can feel daunting. An experienced personal injury attorney will guide you through each step, maximizing your chances of a good outcome.
You can effectively address every aspect of your case with the right legal expertise. Attorneys will gather evidence and work on the necessary paperwork. They will ensure they file the case within the set deadlines and represent your interests in court and the out-of-court settlement negotiations. This will greatly increase your chance of getting fair compensation.
If you have been a victim of a wrongful death in Van Nuys, contact Leah Legal for a consultation. We are committed to protecting your rights and achieving the best possible resolution. Contact us at 818-484-1100 for more information.