When one person commits a wrongful act against another (either negligently, recklessly, or intentionally), this can sometimes result in fatality. According to Code of Civil Procedure 377.60. (California’s wrongful death law), if a person dies due to someone else’s wrongful act, surviving family members or the deceased’s estate can sue for damages. There is also a similar action called Loss of Consortium, which allows the spouse or registered domestic partner who is deprived of companionship and intimacy following the death of their partner to recover non-economic compensatory damages for the loss of love, companionship, comfort, care, assistance, protection, affection, society, and moral support, and the loss of the enjoyment of sexual relations or the ability to have children. California “survival” cause of action (CCP 377.30), on the other hand, allows to bring an action on behalf of the victim’s estate to compensate for losses suffered by the victim (as opposed to the family) from the wrongful act. Survival cause of action, therefore, is not concerned with the loss suffered by the victim’s family but rather with the losses suffered by the victim himself.
Losing a family member is a devastating experience. It completely changes the remainder of the lives of the surviving family members. In many instances, this emotional burden is coupled with other financial burdens and hardships resulting from the family member’s death. Under California wrongful death law, surviving family members or the estate of the deceased can sue the wrongful party for burial and funeral expenses for the decedent, amounts the deceased would have earned as income, pain, and suffering, and disfigurement of the decedent, compensation for the loss of the deceased’s companionship and support.
Losing a family member is a painful and devastating experience, and it becomes even more challenging when you have to deal with the legal aspects of wrongful death. We are here to support you and help you defend your rights during this difficult time. We understand the emotional toll that a loss can take on you and your family, and we are committed to providing you with the guidance and representation you need.
At Oguz Law, we carefully examine the individual circumstances of each case to provide personalized legal services. We aim to obtain the highest compensation possible for our clients based on their injuries. We understand that every case is unique, which is why we take a tailored approach to ensure the best possible outcome for our clients.
