In California, victims of malpractice and negligence and their families have faced some of the nation’s most rigid restrictions due to the California Medical Injury Compensation Reform Act (MICRA) of 1975. This law imposed a cap of $250,000 for nearly fifty years on non-economic damages, regardless of how many defendants were found negligent in a case.
In 2023, Assembly Bill 35, signed by California Governor Gavin Newsom, took effect, bringing about significant changes to the damages cap for wrongful death claims in California.
What Has Changed?
David Goguen, University of San Francisco School of Law, explains the new caps have been increased to $350,000 for malpractice-related injuries that do not involve wrongful death and $500,000 for medical malpractice that results in wrongful death. These caps will gradually increase annually by $40,000 for personal injury and $50,000 for wrongful death until 2034, when they reach $750,000 and $1 million, respectively. This is an essential development for individuals affected by wrongful death claims in California.
Working with a highly experienced wrongful death attorney is crucial to navigating the nuances of your case. The wrongful death attorneys at Bostwick & Peterson will help ensure all family members involved are protected with maximum compensation.
What You Need To Know About A Wrongful Death Claim
According to California’s wrongful death statute, wrongful death is caused by the legal fault of another person or entity through negligence or intentional acts, including crimes.
The following people may file a wrongful death lawsuit in California civil court:
- The deceased person’s surviving spouse or domestic partner
- The deceased person’s surviving children
- The grandchildren of any deceased child of the deceased person
If the following individuals can prove that they were financially dependent on the deceased, they may also file a wrongful death claim:
- The deceased person’s parents
- The deceased person’s stepchildren
- The deceased person’s legal guardians, if their parents are deceased
- The deceased’s putative spouse, or an individual who had the good faith but mistaken belief that they and the deceased were legally married
Additional rules apply if no surviving person can file a lawsuit in the deceased’s line of descent. In these situations, any person entitled to inherit the deceased's property may file a claim.
A Survival Action Lawsuit
In California, there are multiple avenues for family members to file a wrongful death claim on the deceased behalf, depending on the circumstances of the death. A survival action covers damages that the deceased suffered before death that would have been recoverable in a personal injury claim had they survived. When death is not instantaneous and requires medical attention, extended care, and transportation, among other expenses, the victim’s estate or family may file a claim to recover damages endured between the time of the accident and their death.
Recoverable Damages In A Wrongful Death Lawsuit
Compensation for wrongful death cases is categorized into economic and non-economic damages. Economic damages cover tangible losses like financial support from the deceased, loss of expected gifts or benefits, funeral and burial expenses, and the value of household services the deceased would have provided.
Non-economic damages, on the other hand, include intangible losses such as the loss of:
- Moral support
- Love
- Guidance
- Care
- Comfort
The value of these damages can vary significantly based on the specifics of your loved one’s case, often reaching substantial amounts. The increase of the non-economic damages cap for wrongful death cases in California has drastically changed what is available for family members to claim.
To accurately estimate the potential settlement, it is essential to work with a California wrongful death lawyer who can help you assess these damages and determine what your family is entitled to claim.
Work With Experienced Wrongful Death Lawyers
Too many individuals lose their lives due to the negligent actions of others. The trusted wrongful death lawyers at Bostwick & Peterson understand the emotional pain and turmoil this causes the victim's families. Our dedicated team is here to provide the support and legal guidance needed to pursue justice and secure the compensation you deserve.
If you have lost a loved one due to negligence, contact Bostwick & Peterson. Our team is here to help you through this challenging process with compassion and understanding.