San Francisco Injury Lawyers > Wrongful Death

When a person is killed by the carelessness ("negligence") or deliberate wrongful action of another, that person is said to have died a "wrongful death." The person who caused the wrongful death can be held legally responsible ("liable") for the death and all expenses, losses, and damages resulting from the wrongful conduct. The amount of damages you can receive in a wrongful death lawsuit generally is the present value of the financial benefits the heirs reasonably could have expected to receive from the deceased person had he or she lived, as well as the monetary equivalent for loss of comfort, society, and protection. However, the heirs are not entitled to recover monetary damages for the deceased person's pain, suffering, anguish, or disfigurement suffered from the time of the incident until his or her death.

 

Only persons designated by the law can bring a lawsuit for another person's wrongful death. When a married person is killed because of another person's wrongful act, his or her spouse and children, and issue of deceased children (such as the grandson of a deceased child) have the right to sue for the monetary damages they suffer as a reason of the death. In the case of two persons who have a registered domestic partnership, the surviving domestic partner has the right to file suit for the wrongful death of the other partner. If they were financially dependent upon the decedent, the putative spouse-a spouse who is not technically married to the decedent but who has a good faith belief that he or she is married to the decedent, such as the divorce from a previous spouse was never legally final-and children of the putative spouse, stepchildren, or parents, may also bring suit against the wrongdoer.

 

If the deceased person had a minor living with him or her at the time of death, the minor may also bring a wrongful death lawsuit against the wrongdoer, provided the minor lived in the deceased person's household for at least 180 days immediately before the death, and the minor was dependent upon the deceased person for one-half or more of his or her support.

 

Although several persons-such as a surviving spouse or domestic partner, children, parents who were financially dependent upon the decedent-may have the right to bring a wrongful death action against the person who killed their loved one, only one lawsuit may be filed. Either all of the heirs must be named in the complaint as "plaintiffs," or the lawsuit is filed by one person appointed as the personal representative of the decedent acting on behalf of all of the legal heirs.

 

If the wrongdoer (the person who caused the injury, known as the "defendant") dies before a lawsuit is filed or during the course of the lawsuit, the deceased's heirs can continue with their lawsuit against the wrongdoer's estate. However, the heirs will not be allowed to recover monetary damages to punish the wrongdoer ("punitive" or "exemplary" damages) from the deceased wrongdoer, as it no longer makes sense to punish the wrongdoer and serve as an incentive not to repeat the conduct.



San Francisco Injury Lawyers > Wrongful Death