How Wrongful Death Differs From a Personal Injury Case

A wrongful death claim in California is a civil action brought by surviving loved ones for the death of a relative or spouse. Like a personal injury case, a wrongful death case seeks justice in the form of financial compensation for the wrongdoing or negligence of another person. However, it is its own unique type of lawsuit with different rules, legal processes and considerations.

The Purpose of the Lawsuit

The point or purpose of a personal injury claim is to hold someone responsible for inflicting an injury or harm on another person. When an injury is caused by negligence, or a lack of adequate care, the injured person has the right to file a personal injury claim to seek financial compensation from the defendant or accused party and be made whole again.

A wrongful death claim in Los Angeles is also a civil action that seeks justice against an at-fault party. However, rather than the goal being to compensate the victim for his or her losses, it is to compensate a family or surviving loved ones for the harm they suffered because of the loved one’s death.

The Plaintiff or Filing Party

The party that is given the right to file a wrongful death claim in California differs from a personal injury cause of action. A personal injury claim is brought by the injured accident victim himself or herself (or by a legal representative acting on behalf of the victim). 

A wrongful death claim, on the other hand, is filed by a close family member or the personal representative of the deceased person’s estate. This could be a surviving spouse, adult child, parent or another family member. The plaintiff will file on behalf of everyone who may be entitled to compensation, such as those who were financially dependent on the decedent.

Damages or Compensation Available in Los Angeles

The types of financial compensation or damages available are directed more toward surviving family members than the actual accident victim in a wrongful death case compared to a personal injury claim.

Available damages in a wrongful death claim may include:

• The decedent’s medical bills from the date of the accident until the date of death 
• Lost earnings the deceased person would have contributed to the household 
• Reasonable funeral and burial costs 
• Loss of inheritance 
• Loss of the deceased person’s companionship, guidance and love
• Mental anguish and grief

This differs from the compensation awarded in a personal injury case, which is for the victim’s own medical expenses, lost wages, property damage, and pain and suffering. Both types of cases could potentially result in punitive damages, which is an additional amount awarded to punish a defendant for egregious acts of wrongdoing, such as malicious intent to harm or kill the victim.

Statute of Limitations in Los Angeles

The filing of both a personal injury case and a wrongful death claim comes with a statute of limitations in California. This is a legal deadline for filing, which must be adhered to in order for the courts to hear the case.

California Code of Civil Procedures § 335.1 gives personal injury claimants two years from the date of the accident to file a claim. For a wrongful death claim, the statute of limitations is also two years. However, the clock starts ticking on the date that the decedent passed away, rather than the date of the accident.If your family wishes to speak to a compassionate and experienced attorney about a potential wrongful death claim in Los Angeles, contact Rose, Klein & Marias, LLP for a free and confidential case review.