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Wrongful Death: What Is This?

Written by: Jon Mitchell Jackson

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Posted over 3 years ago. Applies to California, 2 helpful votes, 0 comments

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Legal Heirs Bring a Wrongful Death Case

Wrongful Death- A Wrongful Death normally involves a claim against a person or company who is legally responsible for the death of an individual. The claim is brought in a civil action, usually by close relatives (legal heirs) as provided by statute.

Defendant’s Wrongful Conduct and Damages

The death must have been caused, in whole or in part, by the defendant's conduct. The defendant can be negligent or act with intentional, willful, wanton or reckless conduct. In some instances, a party may be strictly liable for the death of another without the surviving heirs having to show any wrongdoing by the other party. The defendant must have been deemed negligent or strictly liable for the victim's death. In California, damages are available to the decedent’s heirs (certain family members) for economic losses (lost wages and benefits, medical and burial expenses) and also for loss of love, society, affection and companionship.