Wrongful Death
The Southern California personal injury attorneys in the Torrance Law Offices of Vernon C. Krol & Ronald C. Koerner pursue wrongful death actions on behalf of the family members of those who have died due to the negligence or other wrongful misconduct of others.
Recoverable Damages
When a person dies due to the negligence of another, the surviving family members may pursue a claim for wrongful death. Proving the elements of a wrongful death case are much the same as in a personal injury case. The main difference is the type of damages sought. In a wrongful death case, the plaintiffs are the surviving family members, and they are suing for the damages caused to them as a result of the death of their loved one. Therefore, damages that were personal to the decedent, such as medical expenses, lost wages, and pain and suffering, are not available. However, different types of economic and non-economic damages are available.
Economic damages recoverable in a wrongful death action include:
- financial support the decedent would have contributed to the family during the lifetime of the decedent or the plaintiff
- loss of gifts or benefits that plaintiff would have expected to receive from decedent
- funeral and burial expenses
- reasonable value of household services that decedent would have provided
Non-economic damages include:
- loss of decedent's love, companionship, comfort, care, assistance, protection, affection, society, and moral support
- loss of the enjoyment of sexual relations
- loss of decedent's training and guidance
Survivor Action Distinguished
A separate statute allows for survivor actions, as distinguished from wrongful death actions. A survival action can brought on behalf of someone who had a cause of action but died before initiating or resolving a lawsuit. In this instant, the damages sought are not those of the surviving family members, but are instead those which belonged to the decedent.
A survival action "survives" the death of the person and passes to the person's successor in interest, who could be a surviving family member or the personal representative of the estate. Damages recoverable are limited to the loss or damage that the decedent sustained or incurred before death, including any penalties or punitive damages that the decedent would have been entitled to recover. However, damages for pain and suffering are not allowed.
Another distinction is the statute of limitations period, which in a survival action runs for two years from the date of the injury, or for six months after death, whichever is later. An action for wrongful death, in contrast, must be brought within two years from the date of death. A wrongful death action may be joined and tried together with a survivor action when both actions arose out of the same wrongful act.
Seek Experienced Legal Counsel
Given the nuances, distinctions, and special statutory rules which exist regarding wrongful death and survival actions, it is especially important to consult a knowledgeable and experienced personal injury trial attorney before initiating a claim. Attorneys Vernon C. Krol & Ronald C. Koerner have been practicing personal injury law for over 40 years and understand what is required to successfully bring a wrongful death action. If someone you love has died as a result of the negligence or wrongful misconduct of another, contact the lawyers in the South Bay Law Offices of Vernon C. Krol & Ronald C. Koerner to vindicate your rights.
