The recent passing of cultural icon Hulk Hogan has led to an outpouring of memories from fans worldwide. When a prominent figure dies, public discussions often turn to their life, legacy, and the circumstances of their passing. These moments also provide an opportunity to understand important legal concepts that affect families every day. For families grappling with the sudden loss of a loved one, a key legal avenue to understand is a Wrongful Death Claim in California.
A wrongful act or the negligence of another party causes a person’s death, leading to this type of lawsuit. While the circumstances of Hulk Hogan’s passing were reportedly due to natural causes, this news event allows us to discuss how the law provides recourse for families when someone else’s fault does cause a death. This article explains what a wrongful death claim is, who can file one, and what compensation is available under California law.
What Is a Wrongful Death Claim in California?
A wrongful death claim is a civil lawsuit, not a criminal case. The goal is to hold the responsible party financially accountable for the harm their actions have caused to the surviving family members. The legal basis for these claims is found in California Code of Civil Procedure § 377.60. According to this statute, a claim can be brought when a person’s death is caused by “the wrongful act or neglect of another.”
To win a wrongful death case, the plaintiffs (the family members) must typically prove:
- The death of a human being occurred.
- Another party’s negligence or intentional act caused this death.
- Surviving family members have suffered monetary damages as a result.
- The family has appointed a personal representative for the deceased’s estate.
Negligence vs. Intentional Acts
A “wrongful act” can be either negligent or intentional.
- Negligence: This is the most common basis. It means the defendant failed to act with reasonable care, and this failure led to the death. Examples include a distracted driver causing a fatal car crash or a property owner’s failure to maintain their premises leading to a deadly slip and fall.
- Intentional Acts: This applies when someone intentionally harms another person, leading to their death. A family can pursue a wrongful death claim even if the defendant also faces criminal charges like manslaughter or murder.
Who Can File a Wrongful Death Claim in California?
California law is very specific about who has the legal right to file a wrongful death lawsuit. It is not open to just any relative or friend. The individuals with standing to file a Wrongful Death Claim in California typically include:
- The deceased person’s surviving spouse or domestic partner.
- The deceased person’s surviving children.
- The deceased person’s surviving grandchildren (if their parent, the deceased’s child, is also deceased).
If there are no survivors in this direct line, the right to sue may pass to others who would be entitled to inherit from the estate, such as the deceased’s parents or siblings.
What Compensation Can a Family Recover?
A wrongful death lawsuit seeks to compensate surviving family members for their own losses resulting from the death. The goal is to measure the value of the relationship and support that the family has lost. According to the official California Civil Jury Instructions (CACI 3921), damages can include both economic and non-economic losses.
Economic Damages
This covers the financial losses the family has suffered. It can include:
- The loss of financial support the deceased would have contributed to the family.
- The loss of gifts or benefits the family could have expected from the deceased.
- Funeral and burial expenses.
- The reasonable value of household services the deceased would have provided.
Non-Economic Damages
This is compensation for the profound, intangible harms the family has endured. It can include the loss of the deceased’s:
- Love, companionship, comfort, care, and society.
- Protection and moral support.
- Training and guidance (especially for children).
It is important to note that these damages do not include compensation for the grief or sorrow of the family members. A separate but related action called a “survival action” sometimes allows for the recovery of damages for the pain and suffering the deceased person experienced before they died.
Steps to Take After a Potential Wrongful Death
Losing a family member is an overwhelming experience. Thinking about legal matters is difficult, but taking certain steps can protect your family’s rights.
- Preserve Evidence: Secure any evidence related to the incident that caused the death.
- Avoid Speaking to Insurance Adjusters: Do not give recorded statements or accept early settlement offers from an at-fault party’s insurance company without legal advice.
- Consult an Attorney: The most crucial step is to speak with an attorney who specializes in wrongful death cases. The legal process is complex, and strict deadlines (statutes of limitations) apply. In California, you must generally file a wrongful death lawsuit within two years of the date of death.
How KAASS LAW Can Help
At KAASS LAW, we understand the immense emotional and financial devastation a family experiences after a wrongful death. Our attorneys handle these sensitive and serious Personal Injury cases with compassion and determination. We know that no amount of money can replace a loved one. However, a successful wrongful death claim can provide a sense of justice and the financial stability your family needs to move forward.
Our team thoroughly investigates the circumstances of the death to prove negligence. We work to establish the full value of a family’s losses and handle all aspects of the legal process so you can focus on healing. If you have lost a family member due to the wrongful act or negligence of another party, please Contact Us. We offer a free, confidential consultation to discuss your case and explain your legal options.
Conclusion
The passing of a beloved public figure like Hulk Hogan reminds us of the impact one person can have on the lives of their family and fans. It also provides a moment to reflect on how our legal system provides support when negligence cuts a life short. A Wrongful Death Claim in California is a powerful legal tool that allows surviving family members to hold a responsible party accountable. It helps them secure the financial resources they need for their future. If your family is facing such a tragic loss, understanding your rights is the first step toward seeking justice.