What Is the Average Wrongful Death Settlement in California?

When a loved one passes away due to another party’s actions or negligence, it can feel world-ending. There are no words that can be said that make it easier. Many California residents wonder if filing a case is worth it, and ask themselves, “What is the average wrongful death settlement in California?”

Hire a Wrongful Death Lawyer That You Can Trust

At Corrales Law Group, our team understands the pain involved with a wrongful death case. Clients dealing with the loss of a loved one need empathy and compassion throughout the entirety of legal proceedings. We value being a support system for our clients through transparent legal advice, helping them to make informed decisions regarding their case.

Grief can make navigating daily life unbearable. Let our team take care of the legal side of things so you can focus on your well-being.

What Is a Wrongful Death?

In 2023, there were 222,698 deaths in the United States attributed to accidents and unintentional injuries. This was the third leading cause of death, and many of these accidents are the fault of another party.

A wrongful death happens when someone else’s carelessness or wrongdoing causes someone to die. A wrongful death claim allows the family members to recover money for the losses suffered due to the death of their loved one.

Common causes include car accidents and medical malpractice. In 2023, 4,061 people died in a car accident in California. That same year, 439 employees died in a workplace incident. These incidents can feel confusing and maddening to the loved ones left behind.

Even criminal cases count as wrongful death. For example, if someone was murdered, California can file criminal charges, and the family can file a wrongful death case on top of it.

Luckily, unlike a criminal case, a wrongful death case only needs to prove that it’s more likely than not that the defendant caused the death. To start, a personal representative of the deceased person’s estate or the deceased’s direct heirs will file.

Types of Damages Recoverable in a California Wrongful Death Case

Families have the option to request two main types of damages:

1. Economic damages. These are damages that can cause financial losses. This includes the deceased’s income, funeral costs, and other expenses.
2. Non-economic damages. These damages are especially vital in a wrongful death case. They help recover compensation for emotional losses that can be labeled with a price tag. It can include loss of the deceased’s love, companionship, care, guidance, and emotional support.

Punitive damages may be awarded to family members in specific situations. These damages are meant to further punish the wrongdoer and can be allowed only if the person died from a felony homicide conviction.

Excluding medical malpractice cases, there are no limits to the damages that can be requested in a wrongful death case. It’s important to hire a wrongful death lawyer to help represent your case to the court and ensure maximum compensation.

Wrongful death cases tend to be higher value than other types of injury cases. Because of the permanency and widespread effects that death has, California courts work to ensure fair compensation for family members.

There is no average settlement amount in California, as the settlements can vary widely depending on the specifics of each case. At Corrales Law Group, we’ve been able to fight and win substantial settlements for our grieving clients. We’ve recently helped secure a $5,300,000 settlement for a client’s wrongful death case.

FAQs

How Long Do I Have to File My Wrongful Death Claim in California?

In most wrongful death cases, the claim must be filed within two years of the death. If the death was caused by medical malpractice, the case must be filed within three years of the injury or one year from when the problem was discovered, whichever is earlier. The deadline for a medical malpractice claim can’t extend past three years unless certain unique situations apply.

Who Can File a Wrongful Death Case in California?

California law allows specific family members of the deceased to file a wrongful death claim. This includes the deceased person’s spouse or domestic partner, children, and grandchildren. If the person has no spouse or children, their parents or siblings can file the claim. Some people who were financially supported by the deceased, such as stepchildren or a partner who believed they were married in good faith, may also have the right to file.

What Is a Survival Action?

In addition to a wrongful death claim, the deceased person’s family members may also file a “survival action.” This type of case requests compensation for harm the deceased suffered before death, such as medical bills or lost wages. Money from a survival action goes to the deceased’s estate. Then, it’s distributed according to the person’s will or, if there isn’t a will, California’s inheritance laws.

What Happens if More Than One Party Was Responsible?

If more than one party caused your loved one’s death, you can name all responsible parties in a wrongful death claim in California. This can happen in situations like car accidents with multiple drivers or deaths caused by defective products, where the manufacturer, distributor, or seller may share responsibility. Economic damages can be collected from any at-fault party under joint liability. Non-economic damages are typically divided based on each party’s share of fault.

How Does California Decide Each Party’s Share of Fault?

California courts use a comparative negligence system to assign each party a percentage of fault in the death. For example, if a surgeon operated under the influence, they may be assigned 80% at fault for the death. The hospital itself may be found to be 20% at fault. These percentages determine the amount that that party has to pay. Courts decide these percentages based on the evidence provided during the case.

Choose an Experienced Law Firm in California

Since 2012, Corrales Law Group has helped hundreds of vulnerable California clients access the legal services that they may otherwise not be able to. We value efficiency and will work to resolve your case as quickly as possible, so you can move forward.

While compensation can’t take away the death of your loved one, it can make it easier to face your present and future. You aren’t alone. Contact our office in Orange today to schedule your consultation.