People outside of the legal community harbor many misconceptions about California personal injury statutes, California wrongful death statutes, and other aspects of the law. Lawmakers in California and elsewhere write laws in their own language, containing Latin phrases, industry-specific uses of common words, long and rambling explanations, and codes that make them fiendishly difficult for laymen to understand. This is one of the reasons people seek the advice of a personal injury attorney or a legal professional who practices in another specific field of law.

A simplified definition is that wrongful death occurs when the negligence or other type of wrongful action by a person or other type of entity results in the death of a person, called the decedent. California wrongful death statutes provide that the decedent’s survivors, living dependents, and/or beneficiaries may recover money damages through wrongful death laws in certain situations. As always, the devil is in the details, as the phrase “in certain situations” warrants a liberal, and sometimes confusing, use of the aforementioned codicil that lawmakers are so fond of. However, these details are necessary to specifically define when people can file a wrongful death claim in order to avoid frivolous litigation and other abuses of the legal system.

Perhaps the instructions provided to juries in wrongful death cases illustrate the best overview of California wrongful death statutes. There were revisions to these instructions in January 2006. They are known as CACI 3921: Wrongful Death (Death of an Adult):

if you decide that [name of plaintiff] have demonstrated [his/her] lawsuit against [name of defendant] for the death of [name of decedent]you must also decide how much money you will reasonably compensate [name of plaintiff] for the death of [name of decedent]. This compensation is called “damages.”

[Name of plaintiff] You do not have to prove the exact amount of these damages. However, you should not speculate or guess when awarding damages.

The damages claimed by [name of plaintiff] they are divided into two categories called economic damage and non-economic damage. You will be asked to list the two categories of damages separately on the verdict form.

[Name of plaintiff] claims the following economic damages:

1. The financial support, if any, that [name of decedent] would have contributed to the family during the life expectancy that [name of decedent] Had before [his/her] death or life expectancy [name of plaintiff]whichever is shorter;

2. The loss of gifts or benefits that [name of plaintiff] would have expected to receive from [name of decedent];

3. Funeral and burial expenses; Y

4. The fair value of the domestic services that [name of decedent] would have provided.

This is only part of the full text of CACI 3921, and juries have many, many other factors to consider when debating the merits of wrongful death cases and what damages, if any, can and will be awarded.

California wrongful death statutes of limitations vary depending on the details surrounding the death and the status of the plaintiffs and defendants. However, the statute of limitations for a wrongful death in California is generally two years from the date of death, with exceptions for cases involving medical malpractice, government entities, whether or not the injured party is a minor, and many others. specific circumstances. The excerpts provided in this article only hint at the complexities of California personal injury statutes. A more complete revision would include many exemptions, clarifications, and long lists of the aforementioned codicil. Suffice it to say that when people believe they have a valid wrongful death claim, their first step is to consult with an experienced personal injury attorney who can explain California’s complex wrongful death laws in clear, simple language.