In cases of wrongful death, a wrongful death action can help the family pay for the deceased’s medical bills and other expenses. In some cases, a wrongful death lawsuit may also result in monetary compensation for the survivors’ pain and suffering. Often, the family can seek punitive damages as well.
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A wrongful death action is filed when the death of someone else was the result of the negligence of another person or business. This can range from a bartender serving too much alcohol to a doctor not properly diagnosing a medical condition. It can also occur when a business owner does not properly maintain property. Wrongful death cases can be filed by the surviving spouse or child of the deceased. Wrongful death statutes vary from state to state, but they generally outline who can sue and how much they can recover.
In California, a person may file a wrongful death civil lawsuit if they were the victim of medical malpractice. The family of the deceased can also file a wrongful death lawsuit if they believe their loved one was the victim of medical malpractice. The family can seek damages for pain and suffering, medical bills, lost wages, loss of consortium, and funeral expenses. Although California has a $250,000 limit on noneconomic damages in medical malpractice lawsuits, this limit is not applied to wrongful death lawsuits.
In cases of wrongful death, the plaintiff must prove that the person or business failed to exercise reasonable care for the deceased. In many cases, the victim’s estate or heirs are the beneficiaries of the settlement or verdict. A wrongful death case can be difficult to win, but if the victim’s family has suffered from the harm caused by the negligent party, they can seek compensation for the loss.