Your loved one got involved in a high-speed accident that wasn’t their fault. Doctors did everything they could, but the head injury was fatal. Now you’re grieving, while being worried about how you’re going to pay the funeral expenses. You relied on their income. You wonder how your family is going to manage financially without them.
California law gives surviving family members the right to hold the responsible party accountable through a wrongful death lawsuit. Of course, nobody can put a price on human life. This compensation is about making sure your family doesn’t have to bear the consequences of someone else’s negligence.
At the Law Offices of John C. Ye, we help families across Los Angeles and Southern California understand their rights and file a fatal TBI lawsuit.
What California Wrongful Death Laws Say
California’s wrongful death laws are explained in Code of Civil Procedure §377.60. The law allows certain family members to file a lawsuit when a person dies due to someone else’s carelessness or wrongful act. That can include fatal injuries caused by car accidents, truck crashes, workplace injuries, or slip and falls on someone else’s property.
Under section §377.61, the court may award damages that are fair and reasonable for each case. In most personal injury cases, California doesn’t limit how much money you can recover in a wrongful death lawsuit.
A fatal traumatic brain injury lawsuit is one of the most serious cases a family can face. According to the CDC’s National Center for Injury Prevention and Control, severe traumatic brain injuries are a leading cause of injury-related deaths in the United States. If a death could have been prevented, the law gives families a way to seek compensation and hold negligent parties accountable.
Who Can File a Fatal TBI Lawsuit in California?
Not everyone can file a wrongful death claim in California. Under section §377.60 of the Code of Civil Procedure, here’s who is allowed to bring a lawsuit:
- The person’s surviving spouse or domestic partner
- The person’s children
- Grandchildren, if the children have already passed away
- Anyone who depended on the person financially, like stepchildren or parents
Usually, all eligible family members need to be included in one wrongful death case. If someone is left out and tries to join later, it can cause legal problems. That’s why an experienced attorney will figure out who all the eligible family members are at the start of the case.
What Survivor Benefits and Damages Are Available
California wrongful death damages fall into two main categories.
1. Economic damages
These damages cover the losses with a clear dollar amount. This can include:
- Funeral and burial expenses
- Medical bills incurred before death
- Lost income and financial support the deceased would have provided
- The value of the household services your loved one contributed
2. Non-economic damages
These damages cover losses that don’t come with a price tag but are just as important. These include
- Loss of companionship
- Loss of moral guidance and support
- The emotional impact of losing a parent, spouse, or child
California courts understand the pain and suffering a child goes through when they lose a parent. It’s not just about finances.
In Krouse v. Graham, the California Supreme Court made it clear that families can recover damages for loss of companionship and society in wrongful death cases. This means surviving spouse and children can seek compensation for the full impact of their loss, not just the financial part.
There’s also something called a “survival action” in California, under section §377.30. This is a separate claim filed on behalf of the deceased person’s estate. It can cover the pain and suffering the person went through before death, along with punitive damages if there was extreme negligence or intentional wrongdoing.
How Fatal Head Injury Cases Are Built
Building a fatal TBI case requires careful preparation. You must show that the negligent act directly caused the person’s death. Our personal injury attorneys can help you connect the dots. You must also fully document how the loss has affected your family.
To build a strong case, we work together with:
- Medical experts who can explain how the head injury happened and why it caused the death
- Accident reconstruction specialists, especially if there’s any question about how the crash occurred
- Economists who can figure out how much income and support the person would have provided over their lifetime
- Life care experts who can document the value of the services and care the family has lost
Insurance companies often act fast to try to limit what they have to pay. They might claim the person who died was partly at fault, that something else caused the injuries, or that the family’s losses aren’t as big as they seem.
Having an experienced legal team in your court who knows how to deal with these tactics can help you protect your rights.
Frequently Asked Questions
What is a fatal TBI wrongful death lawsuit?
It’s a civil lawsuit that surviving family members can file when someone dies from a traumatic brain injury caused by another person’s negligence. You can pursue compensation for both the financial and personal losses the family has suffered.
Who can get survivor benefits in a California wrongful death case?
Spouses, domestic partners, children, and family members who depended on the person financially, like parents or stepchildren, may all be eligible under section 377.60.
Can I get funeral and burial expenses through a wrongful death claim?
Yes. California’s wrongful death law allows families to recover funeral and burial costs as part of the economic damages.
What is loss of guidance, and can it be compensated?
Loss of guidance means the parenting, advice, and support a child would have received from a parent who has passed away. California courts recognize this as a loss, and it can be included in non-economic damages in wrongful death cases.
How is a wrongful death claim different from a survival action?
A wrongful death claim is meant to compensate the surviving family members for what they’ve lost. A survival action is brought on behalf of the deceased person’s estate. It covers things like the person’s pain and suffering and other losses before they died.
How much time do I have to file a fatal TBI lawsuit in California?
In most cases, you have two years from the date of death, under section 335.1. If a government entity is involved, the deadline can be as short as six months. It’s a good idea to talk to an attorney right away to make sure your rights are protected.
What Comes Next
In California, families have two years from the date of death to file a wrongful death lawsuit, according to the Code of Civil Procedure §335.1. If a government entity is involved, like a public bus or city vehicle, you may have as little as six months to file a claim.
These deadlines don’t pause while you grieve, so it’s important to talk to an attorney as soon as possible.
At The Law Offices of John C. Ye, we help represent families in wrongful death cases throughout Los Angeles and Southern California. We handle all communication with the insurance companies, gather evidence needed to build a strong case, and handle all the legal paperwork so you can focus on grieving and being there for your loved ones.
If your family lost someone to a fatal head injury caused by another party’s negligence, reach out to us. We’ll review your case for free, explain your legal options, and answer all your questions.
You have our full support during this difficult time.
