California Code of Civil Procedure Section 377.60 allows certain individuals to file a wrongful death lawsuit. Homeowners, tenants, and family members are affected by this statute.
As of January 1, 2020, the statute has a two-year time limit for filing a lawsuit.
Definition of Wrongful Death
Under California Code of Civil Procedure Section 377.60, a wrongful death occurs when a person dies as a result of another’s negligence or wrongdoing. The court uses the “reasonable person” standard to determine liability. This standard requires a $3,000 minimum in damages to proceed with a lawsuit.
In practice, this means that the plaintiff must prove that the defendant’s actions were a substantial factor in causing the death. The statute of limitations for filing a wrongful death lawsuit is two years from the date of death, as stated in California Code of Civil Procedure Section 335.1.
This is where the law gets teeth, as it allows the court to award damages of up to $250,000 for non-economic losses, such as pain and suffering, under California Civil Code Section 3333.2.
California’s Specific Requirements
Eligibility to File a Lawsuit
Only certain individuals are eligible to file a wrongful death lawsuit in California, including spouses, domestic partners, and children. The court uses a 60-day time limit for these individuals to file a claim, as stated in California Probate Code Section 6402.
In plain terms, this means that the plaintiff must be a direct beneficiary of the deceased and have a valid claim for damages. The lawsuit must be filed within the specified time limit, which is typically two years from the date of death.
Threshold Requirements
The plaintiff must meet certain threshold requirements, including a $5,000 minimum in economic damages, such as medical expenses and lost wages. The court also considers the “comparative negligence” standard, which allows the plaintiff to recover damages even if they were partially at fault.
For example, if the plaintiff was 20% at fault and the defendant was 80% at fault, the plaintiff may still recover 80% of the damages. This is based on California Civil Code Section 1714, which allows for comparative negligence.
Required Documents
The plaintiff must file certain documents, including a complaint and a summons, within 30 days of filing the lawsuit. The complaint must include a statement of the facts and a claim for damages, as required by California Code of Civil Procedure Section 425.10.
The following documents are required:
* A complaint that states the facts and claim for damages
* A summons that notifies the defendant of the lawsuit
* A proof of service that shows the defendant was served with the lawsuit papers.
Legal Process in California
The lawsuit is typically filed in the superior court of the county where the defendant resides. The court has jurisdiction over the lawsuit if the defendant resides in California or if the incident occurred in California, as stated in California Code of Civil Procedure Section 395.
The plaintiff must serve the defendant with the lawsuit papers within 60 days of filing the complaint, as required by California Code of Civil Procedure Section 583.210. The defendant then has 30 days to respond to the complaint.
Penalties and Consequences
The defendant may be liable for damages, including economic and non-economic losses. The court may award punitive damages of up to $1 million if the defendant’s actions were reckless or intentional, as stated in California Civil Code Section 3294.
The defendant may also face criminal charges, including manslaughter or murder, which carry penalties of up to 10 years in prison and a $10,000 fine, as stated in California Penal Code Section 192.
Comparison to Other States
California’s wrongful death statute is similar to those in other states, such as Arizona and Nevada. However, the time limit for filing a lawsuit varies, with Arizona having a two-year time limit and Nevada having a three-year time limit.
For example, in Arizona, the plaintiff must file a lawsuit within two years of the date of death, as stated in Arizona Revised Statutes Section 12-542. In Nevada, the plaintiff has three years to file a lawsuit, as stated in Nevada Revised Statutes Section 11.190.
Practical Steps
The plaintiff should consult with an attorney to determine the best course of action. The attorney can help the plaintiff gather evidence and file the necessary documents, including a complaint and a summons, within the 30-day time limit.
The plaintiff should also be aware of the deadlines and consequences of violating the statute, including the two-year time limit for filing a lawsuit and the potential for punitive damages. The California Department of Insurance and the California Bar Association provide resources and guidance for plaintiffs.
Recent Changes
Recent legislation, including Assembly Bill 1141, has updated the wrongful death statute to include new requirements and penalties. The bill, which was signed into law on September 30, 2020, increases the minimum damages award to $10,000.
The court is also considering new rules and procedures for filing wrongful death lawsuits, including the use of electronic filing and the requirement for a pre-lawsuit settlement conference. The California Judicial Council is expected to announce new rules and procedures in the coming months.
The California legislature is currently considering new bills, including Senate Bill 1000, which would further update the wrongful death statute. The bill, which is currently in committee, would increase the time limit for filing a lawsuit to three years and allow for greater flexibility in awarding damages.
- U.S. Department of Labor. relevant wage or leave regulation
- U.S. Equal Employment Opportunity Commission. workplace discrimination guidance
- Office of the Law Revision Counsel. relevant federal employment statute
