The loss of a family member impacts not only the emotions of everyone involved, but can change the socioeconomic structure of the family as well. Thankfully, California’s wrongful death statutes protect families as they go through the loss of their loved ones, ensuring that even during tragic times help can be achieved through our judicial system. In today’s overly litigious world, wrongful death lawsuits are a long and messy matter in all states, specifically California. Sadly, on top of grieving for a loved one, overwhelmed families have an increased pressure from our capitalistic society to file claims in an attempt to extract financial gain. Before debating the merits of such suits, it is important to first understand the requirements of California’s wrongful death statutes that might apply to this tragic car accident..
Under California law, a claim arises when someone dies as the result of the wrongful act or negligence of another person or entity. A wrongful death claim is a civil lawsuit and is brought to the court directly by the estate or personal representative of the deceased person. Only money damages can be requested, and, if the lawsuit is successful, will result in the court ordering the defendant to pay monies to the decedent’s estate. Specifically, a family in California may bring a civil wrongful death claim to court, even if a criminal case is already in progress.
Damages can be awarded to the estate or representative for losses associated with the death, and/or for the personal losses suffered as a result of the wrongful act or negligence that actually lead to the. Losses that are typically accepted by California courts include medical and hospital bills for illness or injury, funeral and burial expenses, and the most important relief generally requested is lost income, including potential income the deceased individual would reasonably have been expected to earn in the future had they lived. In addition, surviving family members can also receive relief by the court, including the value of household services, loss of love, community, attention, affection, moral support, guidance, and the loss of anticipated financial support.
The true crux of this issue is whether there is clear responsibility or negligence by the party being sued, and more importantly, whether they should be held responsible for their wrongful act or negligence. The unique thing about Paul Walker’s suit is that it bleeds into products liability, which is a separate niche section of tort or personal injury law.
Products liability suits can be filed under a strict liability or negligence theory. Although the particulars of what anyone must prove vary from state to state, products liability law necessitates that all elements be met to have a valid claim. These include 1) an actual injury and loss occurring, 2) the product is actually defective, which include three major methods to prove a defective product, 3) causation between the defect and the injury sustained, and 4) that no defenses exist for the manufacturer. There are three major ways of proving that a product is defective. The first method is known as a manufacturing defect, or when the product is defective as a result of how the product was produced. The second method is known as a design defect, or that the product could have been designed without the defect present. Lastly, the third method deals with a lack of warning labels, or actively placing the consumer on notice of known hazardous issues with the product that a reasonable person could not discovered without special knowledge. To be more precise, an individual must use the product in the way that the manufacturer intended consumers to use it. The way a product is used, when injuries occur, must conform exactly to the manufacturer’s specifications. However, if a manufacturer could reasonably expect an ordinary consumer to use the product in such an unintended manner, that person will likely have met this requirement.
It is not the practice of this lawyer to pontificate on the merits of a personal injury case that I am not apart of, as it is hard to make a fair assessment without knowing the depth of details that go into these cases. Paul Walker was an actor loved by many for his work in ‘‘The Fast and the Furious’’ franchise; I remember how I was glued to my seat in awe of the speed and excitement of those fast cars. While the case was highly debated and publicized, I always fall back and leave deference to our justice system, which might have its flaws but is far and away the greatest governmental system in the world.
-Kevin Lipton, ESQ
Managing Partner – Lipton Legal Group, A PC – Beverly Hills, California