Wrongful Death

Wrongful death laws allow families to recover damages when a loved one has died as the result of someone’s wrongful act.

Wrongful death damages can include (but are not limited to):

• Funeral and burial expenses,
• Amounts the deceased would have earned as income, and
• Compensation for the loss of the deceased’s companionship and support.

Wrongful death is similar to a cause of action for “loss of consortium” Loss of consortium applies in situations in which a spouse or registered domestic partner is deprived of the companionship and intimacy of a living partner due to someone’s wrongful act.

A wrongful death lawsuit is frequently coupled with a California “survival” cause of action. Survival causes of actions are brought on behalf of the victim’s estate to compensate for losses suffered by the victim (as opposed to the family) from the wrongful act.

Note that punitive damages are not available in a wrongful death lawsuit in every jurisdiction. The way to get punitive damages from a wrongdoer for wrongful death in those jurisdictions is through a survival cause of action.