Many remember the Southern California Metrolink train derailment in 2005 that resulted when a passenger train collided with an SUV abandoned on the tracks and struck two other trains. Following this tragic accident that killed 11 people and left 180 injured, families of the victims who died brought wrongful death actions, and AP recently reported in San Diego’s North County Times that claims filed against Metrolink are almost settled, including the wrongful death claims. Wrongful death actions are lawsuits brought to hold the responsible parties accountable and compensate those who have suffered the unexpected loss of a loved one. Under California law, when someone dies because of another person or company’s negligence, recklessness, or intentional wrongdoing, often times family members who survived the victim have a legal right to file a wrongful death action for their loss.
Many different circumstances can result in a preventable and wrongful death. Often, wrongful death actions are brought after:
● Car accidents, pedestrian accidents, or motorcycle collisions
● Falls, construction accidents, and workplace accidents
● Medical malpractice
● Defective products that cause a fatal injury
● Nursing home neglect and other forms of elder abuse
● A death attributed in part to insufficient health care because an insurance company denied a claim in bad faith
● A wrongdoer’s intentionally violent acts
Even if it can be established that a third party’s negligence caused the accidental death, California law will only allow people who had certain close relationships to the victim to bring a wrongful death lawsuit. A surviving spouse, domestic partner, children, dependent stepchildren, certain dependent minors who were living with the victim, and dependent parents are all examples of people who may be able to file the claim. Depending on whether any of these family members have survived the victim, then others who could inherit from the victim may be eligible to file the wrongful death action. Just as the law limits who can sue for wrongful death, it also specifies what types of compensation (or damages) the victim’s family members can recover. Wrongful death laws were made with the goal of compensating a victim’s survivors for the financial and emotional losses they’ve suffered because of another party’s deliberate wrongdoing or negligence. Some of the damages that can be awarded include lost financial support for the future and lost benefits that the family member would have likely received (such as benefits from a 401k or medical insurance). If a spouse has been lost, he or she can also be awarded damages for loss of sexual relations, called “loss of consortium.” Family members can also seek compensation for being deprived of the victim’s love, care, companionship, physical assistance, guidance, and moral support.
Other types of damages, such as medical bills resulting from the accident, punitive damages (which may be available if the victim would’ve been entitled to them had he or she had survived the accident), and the victim’s pain and suffering can’t be recovered through a wrongful death action because those damages don’t represent injuries to the family member. Instead, the victim’s estate may be able to recover these through what’s known as a “survival action,” which allows the deceased’s own legal claims to continue forward, and can often be handled together with a wrongful death action. If you’ve lost a family member in an accident and believe it was a wrongful death, keep in mind that it will be essential to take the necessary steps to begin the lawsuit within the time allowed by law, not only to preserve your claim but also to gather the evidence needed through investigation while it’s still available. Our skilled attorneys are here to help you with compassion as we advocate on your behalf. Speak with San Diego Law Firm’s experienced wrongful death lawyers by calling (619) 794-0243.
