California Wrongful Death One Action Lawsuit
Can Multiple Parties Sue the Same Individuals in a Wrongful Death Case?
A wrongful death claim allows surviving spouses and registered domestic partners, as well as certain family members, to recover compensation on behalf of a loved one who was killed because of someone’s negligence or deliberate acts of malice. A wrongful death claim entitles surviving family members to recover monetary compensation for losses they would have enjoyed had the aggrieved person not lost his or her life. Typically, all surviving family members must join together to file a claim. According to California’s one action rule, the guilty individual cannot be sued more than once by multiple people.
Below, our experienced wrongful death attorneys will discuss California’s wrongful death one action rule. If you have lost a spouse or registered domestic partner, West Coast Trial Lawyers is always here to answer any questions you may have about wrongful death claims and available damages you may be entitled to.
What Is the One Action Rule?
In short, California’s one action rule basically states that any individuals who want to file a wrongful death claim for damages must include everyone who counts as an heir to join together and file one claim. Any damages will then be given to the family and they will have to figure out the best way of dividing up the damages amongst themselves. Typically, families can figure this out for themselves, but if there are issues or disagreements with dividing up damages, a court can intervene and decide how to best divide the settlement amount.
It is not the responsibility of the guilty individual(s) to contact and coordinate a claim with all known heirs. Whoever decides to bring a wrongful death claim against the guilty party must take care of this responsibility for themselves. However, just because the claimants cannot locate all known heirs does not mean the wrongful death claim will not go through. These individuals may still be entitled to appropriate compensation.
On the other hand, there may be issues when qualified heirs have been inadvertently excluded because these individuals have a right to being compensated, as well. Any excluded individuals will then have to take legal action against the other claimants, and not against the guilty individual in order to recover damages entitled to them.
Finally, if the claim is being filed by a representative of the decedent, and not an actual family member, the requirement for the inclusion of all valid claimants is waived. Furthermore, if a defendant was aware that a valid claimant was not part of the wrongful death claim, the one action rule will not apply. In that case, a plaintiff may go ahead and file a wrongful death claim against the defendant.
Accidents happen. If you were injured as a result of someone else’s negligence, you may be entitled to compensation for your losses. Below is a brief explanation of damages. Damages are a type of monetary award that is determined by a court of law to help compensate an aggrieved individual for any losses or injuries sustained as a result of someone’s negligence.
Economic damages are intended to compensate a plaintiff for losses that a dollar amount can readily be attached to. Economic damages are calculated by determining the amount of out-of-pocket losses an aggrieved individual has or will expect to incur as a result of their injuries.
A few examples of economic losses include:
- Loss of Earning Capacity
- Medical Bills
- Lost Wages
Non-economic damages are essentially intended to cover losses that are thought of as subjective and will not necessarily cover out-of-pocket losses. Non-economic damages may include compensation for:
- Emotional Distress
- Pain and Suffering
- Loss of Enjoyment of Life
The third type of damages a California court may award is known as punitive damages. Punitive damages are intended as punishment and are only awarded when a defendant’s behavior is especially harmful. Punitive damages are relatively rare and in fact were only incorporated in 5 percent of all verdicts.
Furthermore, there is no real set standard for calculating and awarding punitive damages. Punitive damages are awarded at the court’s discretion and will vary depending on the specific circumstances of a case.
Limitations for Damages in California
For the most part, there is no real cap on compensatory damages following a personal injury claim. This means that courts are able to award any amount they feel is appropriate and reasonable.
However, the only exception is regarding medical malpractice cases. In these cases, the limit for pain and suffering and other non-economic losses is $250,000.
West Coast Trial Lawyers Is Here to Help
If you have lost a loved one because of someone else’s negligence, West Coast Trial Lawyers has skilled attorneys that have background experience with handling cases relating to wrongful death. Our attorneys will help you get financial and emotional compensation for the losses you have suffered after losing your friend or family member. This includes, but is not limited to, medical bills, property damage, lost wages, and pain and suffering. We offer a free, no-obligation consultation at our firm. No fees are charged until we win your case. Reach out to our friendly legal team 24/7 by calling (213) 927-3700 or emailing [email protected].