Wrongful Death Law In California, A Basic Understanding2

By: Paul Ralph
The law permits recovery of damages for non-economic losses in these specific cases: First,

1. The loss of the decedent’s love, companionship, comfort, care, assistance, protection, affection, society, moral support;

2. Decreased enjoyment of sexual encounters or

3. The loss of any training and guidance provided by the deceased.

Exclusions: potential grief, sorrow, or mental trauma the loved ones and decedents face; or the poverty or wealth of survivors.

In most cases, wrongful death actions cannot result in the recovery of punitive damages.

One exemption, however is when there is death from a felony homicide where the defendant was previously convicted. (California Civil Code, s 3294(d).)

Sometimes there are conflicting and competing interests among surviving parities and since it's often difficult to figure out the losses sustained, the judge and jury is the one who has to allocate any recovery among the parties. In viewing the Canavin vs. Pacific Southwest Airlines (1983) 148 Cal.App.3d 512) case, you see that there was more than one relative who presented a claim. The jury awarded an amount for the survivors’ that was then split by the court. More often than not, cases involving wrongful death that are settled before the trial begins are due to the family reaching an agreement. The court must approve an arrangement if minors are involved.

This is only an overview of the wrongful death laws in California. This is not legal advice for any particular case. The law is very complex, so you need to talk to a knowledgeable trial attorney to understand your rights in the event of such a loss.

For over 15 years, Paul W. Ralph has been a personal injury attorney Orange County dealing with court cases and lawsuits in California. Because of the importance of the cases handled in the past as a wrongful death attorney Orange County and high profile personal injury cases, Mr. Ralph has appeared on CNN, has been quoted on the front page of the Los Angeles Daily Journal and his cases have made the cover of Trials Digest.

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