Common Misconceptions About Wrongful Death Cases

There are many common misconceptions about wrongful death cases, however, it is important to examine and debunk them so families can seek justice.

Losing a loved one is always difficult, but it can be especially challenging when someone else’s negligence or intentional actions caused their death. In such cases, the family of the deceased can file a wrongful death lawsuit to seek compensation for their loss. Unfortunately, there are many misconceptions about wrongful death cases that can prevent families from pursuing justice. In this article, we will address eight common misconceptions about wrongful death cases. If you’d first like to start by learning more about what a wrongful death is you can start on the Anderson Franco Law website.

Misconception #1: Only a spouse or child can file a wrongful death lawsuit.

Reality: California law allows any “decedent’s heirs” to file a wrongful death lawsuit. This can include parents, siblings, and other relatives who were financially dependent on the deceased. However, it’s important to note that the amount of damages each heir can recover may be limited by California law. California Code of Civil Procedure § 377.60 discusses this more deeply.

Misconception #2: A wrongful death lawsuit is the same as a criminal case.

Reality: A wrongful death lawsuit is a civil case, not a criminal case. This means that the goal is not to punish the defendant, but to seek compensation for the damages caused by the defendant’s actions. In a criminal case, the defendant may face fines, imprisonment, or other penalties, but in a civil case, the defendant may only be ordered to pay monetary damages.

Misconception: The family of the deceased can only seek compensation for economic damages.

Reality: California law allows the family of the deceased to seek compensation for both economic and non-economic damages, including loss of companionship, emotional distress, and pain and suffering. Economic damages include expenses related to the death, such as medical expenses and funeral costs, as well as lost income and earning capacity. Non-economic damages are more difficult to quantify, but they can include the loss of the deceased’s love, care, and affection.

Misconception: A wrongful death lawsuit must be filed within six months of the deceased’s death.

Reality: California law sets a two-year statute of limitations for wrongful death lawsuits. This means that the family of the deceased has two years from the date of death to file a lawsuit. However, it’s important to consult with an experienced wrongful death attorney as soon as possible, as there may be other deadlines and requirements that must be met.

Misconception: A wrongful death lawsuit can only be filed if the deceased was employed.

Reality: A wrongful death lawsuit can be filed regardless of whether the deceased was employed or not. If the defendant’s actions caused the death, the family of the deceased can file a lawsuit. This means that wrongful death lawsuits can arise from a variety of situations, including car accidents, medical malpractice, and intentional acts such as murder.

Misconception: The family of the deceased can only seek compensation for expenses related to the death.

Reality: The family of the deceased can seek compensation for a variety of damages, including medical expenses, funeral expenses, lost income, and more. In addition, they can seek compensation for non-economic damages, such as emotional distress and pain and suffering. However, the specific damages that can be recovered may be limited by California law, and it’s important to consult with an experienced wrongful death attorney to understand your legal options.

Misconception: A wrongful death lawsuit can only be filed against an individual.

Reality: A wrongful death lawsuit can be filed against individuals, businesses, government entities, and more, depending on who was responsible for the death. For example, if a defective product caused the death, the family of the deceased may be able to file a lawsuit against the manufacturer, distributor, and retailer of the product.

Misconception: A wrongful death lawsuit is always a long and difficult process.

Reality: While some wrongful death lawsuits can be complex and time-consuming, others can be resolved quickly and efficiently. The length and difficulty of a wrongful death lawsuit will depend on the specific circumstances of the case, including the evidence available, the willingness of the defendant to settle, and the experience of the attorney handling the case. It’s important to work with an experienced wrongful death attorney who can help guide you through the process and ensure that your rights are protected.

Contact a Lawyer

Wrongful death cases can be complicated and emotionally challenging. It’s important to understand the common misconceptions of wrongful death cases to ensure that you make informed decisions about your legal options. If you have lost a loved one due to someone else’s negligence or intentional actions, it’s important to consult with an experienced wrongful death attorney to determine your legal rights and options. Reach out to Anderson Franco for a free no obligation consultation.